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BRITISH ENACTMENTS 

In Force in Indian States 

VOLUME IV 

States in Direct Relation with the G overnment 

of India 


1— Statutes in force 

2— Acts of the Governor General^ in 

Conndl and of the Indian 
Legislature in force 

3— Orders under Statutes in force 

4— Orders under Acts of the Governor 

General in Council and of the 
Indian Legislature 


5 — - 

6 - 
7- 


9—1 


Acts locally applied 
Orders relating to Courts 
Local or Special Laws 

Orders under Acts applied 
Orders under Local Laws 


In Gwalior and Rajputana. 

COMPILED BY 

J. M. MACPHERSON 

if the Inner Temple, BanUter-at-Law, and Secretary to the 
' Government of India, Legislative Department, 


SECOND EDITION 

Revised and co nti n ued up to the 15th August 1899 

By A. WILLIAMS, um. lbs. 

THIRD EDITION 

Further revieed and con ti nue d up to the 19th April 1918 

By 0. V, BOSANQUET, ty* i.c* 

FOURTH EDITION 

Further revieed and continued up to the 31et Map 1929 ' 

By G. G. HOOPER, ua 


CALCUTTA: GOVERNMENT Of INDIA 
CENTRAL PUBLICATION BHANG® 

1890 







ttovenimem ui jluiuci j, uvuv»nv UH -,- 

India Central Publication Branch, 3, Government Place, West, 
Calcutta, and from the following Agents:— 

EUROPE. 

OHFirn 01 THB HIGH COMMISSIONER FOR INDIA, 

India House, Aldwyoh, LONDON, w. 0 . 2. 

And at all Booksellers* 

INDIA AND CEYLON: 

Provincial Book Depots* 

Madras* —Superintendent, Government Press, Mount Hoad, Madras. 

Bombay *—Manager, Government Book Depdt, Charoi Road Gardens, Queen's Road, Bombay, 

Sind :~Library attached to the Office of the Commissioner m Sind, Karachi. 

Bengal •—Bengal Secretariat Book Depdfc, ‘Writers’ Buildings, Room No. 1, Ground Floor, Calcutta. 
United Provinces of Agra and Oudh *—Superintendent of Government Press, United Provinces o f 
Agra and Oudh, Allahabad. 

Punjab — Superintendent., Government Printing, Punjab, Lahore. 

Burma:—S uperintendent, Government Printing, Burma, Rangoon 

Central Provinoes and Bfrar* —Superintendent, Government Printing, Central Provinces, Nagpur. 
Assam *—Superintendent, Assam Secretariat PTess, Shillong. 

Bihar and Orissa: —Superintendent, Government Printing, Bihar and Orissa, p. 0. Gulzarbagb, Patna, 
Ooorg ‘—Office of the Chief Commissioner of Coorg, Bangalore. 

North-West Frontier Province :—Manager, Government Printing and Stationery, Peshawar* 


Thacker, Spink & Co., Calcutta and Simla. 

W. Newman & Co., Ltd., Calcutta. 

S. K.Lahiri & Co, Calcutta. _ _ 

The Indian School Supply DepOt, 309, Bow Bazar 
Street, Calcutta, 

Butterworth <51 Co. (India), Ltd., Calcutta. 

M. C. Sarcar & Sons, 15, College Street, 
Calcutta. „ % * 

tffendard Literature Company, Limited, Calcutta. 
£ oeiation Press, Calcutta. _ ^ „ 

C ikervertty Chatterjee & Co., Ltd., 13, College 
iquare, Calcutta. 

T i Book Company, Calcutta. 

J nes Murray dr Co., 12. Government Place, 
Calcutta. (For Meteorological Publications only.) 
B y Chaudhury & Co., 68-5, Ashutosh Mukherji 
toad, Calcutta. „ , .. 

8 intifle Publishing Co., 0, Taltola Lane, Calcutta, 
C itterjee & Co., 204, Cornwallis Street, Calcutta, 
f ndard Law Book Society, 8-2, Hastings Street, 
Calcutta. 

\2 e Hindu library, 6, Nandalal Mullick Lane, 
i Calcutta. 

mala Book Depot, Ltd,, 15, College Square, 
* * Calcutta. 

ngal Flying Club, Bum Dnm Cantt. on Aviation. 
TCharan and Co.,Municipal Market, Calcutta, 
Basak, Esq., Proprietor, Albert Library, Dacca, 
a Brothers, Rajshahi. 
jinbothams, Madras, 
ocnouse and Sons, Madras. 

S* A Nateson & Co., Publishers, George Town, 
Madras. 

.Boeophical Publishing House, Adyar, Madras. 

| Varadachary 6 Co., Madras. 


Murthy <& Co., Madras. 
<y Book Co., Madias. 


ht & Co., Trivandrum. 

1 'le Booklover’s Resort, Taikad, Trivandrum, South 
undia 

]fl M. Gopalakrishna Kone, Pudumandapam, 
iMadura. 

< Intral Book Depat, Madura. 


S apur <fe Co., vizagapatam. 
seker & Co., Ltd., Bombay 


, Bombay. 


B. Tarapoocevaia, gone & 

' >r p&ndurang, BornTm. 

Chandra Govtnd & sons, Kalbadevi Road, 
[Bombay. 

. M. Tripathi & Co., Booksellers, Princess Street, 
Kalbadevi Road; Bombay. 

New and Secondhand Bookshop, Kalbadevi Road, 
Bombay. 

Mrs. Radhabai Atmaram Sagoon, Kalbadevi Road, 
Bombay. 

J. M. Pandia <2 Co., Bombay. 

Gatulal & Co.. Bombay. 

A. H. Wheeler <js Co., Allahabad, Calcutta and 
Bombay. 

S. Govind & Co., Sandhurst Road, Girgaon, 
Bombay. 

Bombay Book Depot. Girgaon, Bombay. 

Bennett Coleman and Co., Ltd., The Times of 
India Press, Bombay. 

Proprietor, New Kltabkb&na., Poona. 

The Manager, Oriental Rook Supplying Agency, is, 
Shukrawar, Poona City. 

Rama Krishna Bros., Opposite Vishramhag, Poona 

City. 

8i P. Bookstall, 21, Budhwar, Poona. 



* & Sons, Booksellers and Publishers, 
Tat&o, Surat. 

Stationery Co., 82-88, 
sbawn^ ^ 

<* Oo., The Bharat Book Depdt> 


The Students Own Book Depot. Dharwarj 
Shri Shankar Karnataka Pustaka Bhandara, 
Malamnddi, Dhaxwar. 

The Standard Bookstall, Karachi, Quetta, Delhi, 
Muiree and Rawalpindi. 

The Karachi Book Depdt, Elphinstone Street, Camp,. 
Karachi. 

The English Bookstall, Karachi. 

The Standard Bookstall, Quetta. 

U. P. Malhotra dr Co., Quetta. 

J. Ray A Sons, 43, K. & L., Edwardes Road, 
Rawalpindi, Murree and Lahore. 

The Standard Book Depdt, Lahore, NainltaL 
Mussoorie, Dalhousle, Ambala Cantonment and 
Delhi. 

N. B. Mathui, Supdt,, Nazir Kanun Hind Press* 
Allahabad. 

The North India Christian Tract and Book Sooiety* 
18, Ckve Road, Allahabad. 

Ram Dayal Agarwala, 184, Katra, Allahabad. 

Ram Narain Lall. Katra. Allahabad. 

The Indian Army Book3Dep6t, Dayalbagh, Agra. 
Nar&yan & Co., Meston Road, Cawnpur. 

The Indian Army Book Depdt, JuUundttr City— 
Daryagacj, Delhi. 

Manager, Newal Kishore Press, Lucknow* 

The upper India Publishing House, Ltd., , 

Palace, Ammuddauia park, Lucknow. 

Rai Sahib M. Gulab Singh & Sons, Mufld-i-Am 
Press, Lahore and Allahabad. 

Rama Krishna & Sons, Booksellers, AnarkalLLaharea 
Puri Brothers, Booksellers and Publishers, Katchen 
Road, Lahore. 

The Tilak School Bookshop, Lahore. 

The Standard Bookstall, Lahore. 

The Proprietor, Punjab Sanskrit Book Depot* 
Saidmitha Street, Lahore. 

The Insurance Publicity Co, Ltd., Lahore. 

The Punjab Religious Book Society, Lahore. 

The Commercial Book Co., Lahore. 

The University Book Agency, Kachari Road, Lahore. 
Manager of tlio Imperial Book Dopdt, 63, Ohandnl 
Chawk Street, Delhi 
Fono Book Agency, New Delhi. 

Oxford Book and Stationery Company, Delhi* 
Lahore, Simla, Meerut and Calcutta. 

Supdt., American Baptist Mission Press, Rangoon. 
The Modern Publishing House, Ltd., 80, Phayro 
Street, Rangoon. 

Burma Book Club, Ltd., Rangoon. 

Manager, The “ Hitavada,” Nagpur, 

Bhisey Brothers, Bookse'lers and Stationers, Slfca- 
baldi, Nagpur . 

S C. Talukaar, Proprietor, Students & Co., 'Gooch 
Behar. , _ 

The Manager, Ceylon Observer, Colombo. 

The Manager, The Indian Book Shop, Bena res Caty}. 
Nandklshore & Bros., Chowk, BeaaresCJfy, 

The SrivUliputtur Co-oj?eratlve Trading Union, Lt<L* 
SriviUIputtur (S. I. R.). 

Ragbunath Prasad & Sons, Patna City. 

The Student’s Emporium, Patna. 4 

K, L. Mathui <5fc Bros., Gtusri, Patna City# 

Kamala Book Stores, Bankipore, Patna* 

G. Banerjee and Bros., RancgU 
Dandekar Brothers, Indore City. 

Pustakalaya Sahayafc Sahakarl Ltd., Baroda* 

M. c. K o f fhari, Rajpora Road, Baroda. 

m kydSd B^TDepdt; Ch*5erghat, Hyde**- 
bad (Deccan). 

Th&ktur JSt Oo., Amraoti. _ „ 

ST^shnaswamy & Co., Teppakuiam B. O., Trich-* 

NationSt CoS^e Teachers’ Union Book Depdt, 

Bangalore Press, Lake View, Mysore 
Road, Bangsdore City. 


, AGgiswr xt r Palestine Stetmatzky, Jerusalem. 



CONTENTS 


CHAPTER I.—GWALICR. 

J 

Introduction. 

States and Estates in the Gwalior Residency. 
I.—Statutes. 


Pace. 

1 

3 


IL—Acts of the Governor General in Council and or the Indian 


Legislature.* 

III.— Orders under Statutes. 4r 


IV.—Orders under Acts ok the Governor General in Council 

AND OF THE INDIAN LEGISLATURE. 

General Acts :— 

Indian Evidence Act, 1872 (I of 1872). 

Indian Christian Marriage Act, 1872 (XV of 1872) . 

European Vagrancy Act, 1874 (IX of 1874) - 

Indian Anns Act, 1878 (XI of 1878). 

Births, Deaths and Marriages Registration Act, 1886 (VI of 

1886) . 

Indian Foreign Marriage Act, 1003 (XIV of 1903) . 

Indian Extradition Act, 1903 (XV of 1903) . 

Official Trustoes Act, 1913 (31 of 1913). 

Administrator General's Act, 1913 (III of 1918) 

Indian Motor Vehicles Act, 1914 (VIII of 1914) 


4 


4r 


r 


6 

5 


6 

7 

T 

7 

7 

8 


V.—Orders relating to Courts 


0 


L—Statutes 


Gwalior Residency Abba. 


13 


II.*—Acts op the Governor General in Council and of the Indian 

Legislature.. .... 13 

III. — Orders under Statutes . . . « . » . . 14, 

IV. *—Orders under Acts of the Governor General in Council 

AND OF THE INDIAN LEGISLATURE .... 14 

V.*— Acts locally applied . . . . . , . .15 

VI.— Local Laws .si 

Publication of newspapers and other printed works . ♦ 21 

Provision for the execution of capital sentences in British 
# India.. * 21 

VH.— Orders relating to Courts . • . , ( , St 

Vin.— Orders under Acts applied . . . # * . . 29 

General Aet$t~~ 

Police Act, 188$, (m of 1888) ... 2$ 

Code of Criminal Procedure, 1898 (V of 1898) * %’ * 99 

Indian Paper Currency Act, 1928 (X of 1918) . . * 89 








( ii ) 


Introduction 


CHAPTER II.—RAJPUTANA. 


Page. 

31 


States in Rajputana. 

I-— Statutes..34 

II.— Acts op the Governor General in Council and op the Indian 

Legislature.34 


III.— -Orders under Statutes 


35 


IV.—Orders under Acts op the Governor General in Council 


and op the Indian Legislvture.35 

* 

General Acte ;— 

Indian Christian Marriage Act, 1872 (XV of 1872) . . , 35 

Indian Arms Act, 1878 (XI of 1878). 30 

Births, Deaths and Marriages Registration Act, 1886 (VI of 
1886) ........... 30 

Indian Foreign Marriage Act, 1903 (XIV of 1903) . . .38 

Indian Extradition Act, 1903 (XV of 1903) .... 38 

Code of Civil Procedure, 1908 (V of 1908). 38 

Indian Army Act, 1911 (VIII of 1911).38 

Indian Lunacy Act, 1912 (IV of 1912).40 

Official Trustees Act, 1913 (II of 1913).41 

Administrator General’s Act, 1913 (III of 3913) ... 41 


V.—Local Laws. 43 

Orders for the detention in asylums in British India of lunatics 

from Rajputana States.48 

Sambhar Lake Rules .. 44 

Didwana and Pachbhadra Rules 47 

Rules to regulate the through traffic system from Sambhar, 
Didwana and Pachbhadra. 00 

Rules for the removal of salt from Sambhar, Didwana and 
Pachbhadra.„ *3 


Duty on salt manufactured at Sambhar, Didwana and Pach¬ 
bhadra . 


VI.—Orders relating to Courts .... 
Orders relating to Courts in the Salt Sources 

VII.—Orders under Acts applied .... 
General Acts :— 

Indian Army Act, 1911 (VIII of 1911) . 


55 

57 

65 

65 


Administered Areas in Rajputana. 
Mbwaf-Marwaz Pazganab ob Amzz-MzzwJZA , . , % 

tl y jsz District of Abv— 

I-—Statutes . . , f . 

11.— Acts or ike Govebnoe Genbeaii is Ootoou. and or the Indian 

JjBGIgLATOEB.. , 

III. — 0 ROBES UNDEB STATTOEB . . , 


00 

71 

71 

78 












( M ) 


! Page. 

IV. —Orders under Acts of the Governor General in Counoil 


AND OF THE INDIAN LEGISLATURE.72 

General Acts .— 

Indian Christian Marriage Act, 1872 (XV of 1872) . . ,72 

Indian Arms Act, 1878 (XI of 1878). 72 

Births, Deaths and Marriages Registration Act, 1886 (VI of 
1886) ...........72! 

Indian Stamp Act, 1899 (IT of 1899). 73 

Indian Ai my Act, 1911 (VIIT of 1911).73 

Indian Lunacy Act, 1912 (JV of 1912).74 

Official Trustees Act, 1918 (H of 1913). 74 

Administrator General's Act, 1913 (HI of 1913) ... 74 

V.— Acts locally m’vlikd.75 

VI.— Local Laws .87 

Publication of newspapers and other printed works . . 87 

Aim Revenue Law, 1918.87 

Abu Municipal Law, 1919.92 

Abu Forest Law, 1920 . 132 


VII. —Orders relating to Courts . 

VIII. —Orders under Acts locally applied 


General Ads :— 

Indian Tolls Act, 1861 (VIIT of 1861).186 

Court-fees Act, 1870 (Vri of 1870) ...... 15ft 

Cattle-ties pass Act, 1871 (1 ol 1871) 159 

Opium Act, 1878 (L of 3878). 160 

Vaccination Act, 1880 (XI FT of 1880) ..»••• 181 

Police Act, 1888 (HI of 1888). 189 

Land Acquisition Act, 1894 (l of 1894) ..... 189 

Reformatory Schools Act, 1897 (VHT of 1897) .... 189 

Indian Stamp Act, 1899 (U of 1899). 190 

Indian Petroleum Act, 1899 (VTIl of 1899) . . . 812 

Indian Registration Act, 1908 (XVI of 1908) .... 267 

Indian Lunacy Act, 1912 (IV of 1912).262 

Wild Birds and Animals Protection Act, 1912 (VIII of 1912) * 263 

Indian Companies Act, 191B (VTT of 1913).263 

Indian Motor Vehicles Act, 1914 (VIIT of 1914) . . .264 

Indian Income-tax Act, 1922 (Xr of 1922) ... * 274 

Beg'idaiion$. t -~* 

Mxcise Regulation, 1916 (I of 1916).276 

IX,—Orders under Local Laws. 221 

Orders under :— 

Af>u Municipal Law, 1919 881 

Abu Forest Law, 1920 .......... $40 

0 

CjLXTom&timta of JErin tttma, Khemwaxa Am Kot&a . . 866 

Dj uou MtrmoxjpALXTT .. 369- 











Gwalioe.—( Introduction.) 


British Enactments in Force 
in Indian States, 

f 

Volume IV. 


CHAPTER I.—GWALIOR. 

Tlie Gwalior Residency comprises the States, Estates and Guaranteed 
Estates named below, which are in political relations with the Govern¬ 
ment o£ India through the Resident at’ Gwalior. In these areas the 
Resident possesses jurisdiction in criminal matters in respect of British 
subjects, Europeans, Americans, and Government servants. He exer¬ 
cises further residuary jurisdiction in Khaniadhana and TJmri 1 which 
extends to the trial of all heinous offences by whomsoever committed 
and to the hearing of appeals against the orders of the local courts of 
these Estates. 

The territories now included in the Gwalior Residency were sepa¬ 
rated from the Central India Agency with effect from the 15th of March, 
1921, hut the Agent to the Governor General in Central India still 
exercises the powers of a High Court' for the purposes of criminal 
jurisdiction within the Residency, except in proceedings against Euro¬ 
pean British subjects or persons charged jointly with European British 
subjects. 

Agency. States and Estates. 

Gwalior Residency * Gwalior (except the Gangapur Pergana). 3 

Khaniadhana.® 

TJmri. 1 8 

Guaranteed Estates . 4 

1. Agra Barkhera. 5. Bichraud No. 1. 

2. Bagli. 6. Bichraud No. 2, 

3. Bara Barkhera. 7. Bilauda. 

4. Bardia. _ 8. Dahri. _ 

* The question of the status of TJmri and its restoration to the Gwalior Darbar 
is pending settlement. ’ 

3 In the Mewar Residency. 1 

•The Resident exercises jurisdiction in heinous offences, 

4 These Estates have been restored to the Gwalior Darbar and are amenable 
to the* Darbar law in judicial matters. Of the other mediatised Chiefs mentioned 
in Aitchison's Treaties, 4th edition. Vol. IT, the Estates of Maksadangarh, 
Kamalpur, Ajraoda, Dhulatia* and Bhadaura hare lapsed to the Gwalior State. 
The remainder are guaranteed only in the possession of farlcas (money payments) 
and the jurisdiction m these lands vests in the States in which they are situated. 



2 


Gwalior.—( Introduction .) 


Agency. 


9. Dariaklieri. 

10. Datana. 

11. Dhabla Ghosi. 

] 2 Dhabla Dliir. 
13. Dugri. 

34 Hirapur. 

15 Jabria Bhxl. 

16. Jamnia. 

17. Jawasia. 

38. Kalnkhera. 

39. Karaudia. 
Kheri-Rajpura. 
Arnia. 

20. Raghogarh. 
Garha. 
Dharnaoda. 

21. Kathaun. 

22. Khajuri. 

23. Kharsia. 


States and Estates. 

24. Lalgai'h. 

25. Narwar. 

26 Naugaon. 

27. Naulana. 

28. Paron. 

29. Patharia. 

30 Piplia. 

31. Piplianagar. 

32. Ramgarh. 

33. Sadankheri. 

34. Sarwan. 

35. Sheogarh. 

36. Tappa. 

37. Ponk. 

38. Jhalera. 

39. Sirsi. 

40. Urnri. 
Khiaoda. 


The following Administered Area 1 in the Gwalior Residency is sub¬ 
ject to British jurisdiction: — 

Gwalior Residency Area—Headquarters of the Gwalior Residency* 
The Railway lands, situated in Staten in the Gwalior Residency, 
over which jurisdiction has been ceded to the British Government, ere 
included in the North Central Division of Railways, according to the 
classification in Volume VIII. 


1 Phe Cantonments of Morar ; Sipri, Sardarpur, Guna and Agar have ceased 
co be Administered Areas, jurisdiction having been restored to the Gwalior Darbar. 



States and Estates in the Gwaliojr, Residency. —(.Enactments 3 

in force,) 1 


STATES AND ESTATES IN THE GWAIIOR 
RESIDENCY. 

The following British enactments are in force in the States and 
Estates in the Gwalior Residency:— 

I.—Statutes. 1 

II.—Acts of the Governor General in Council and of the Indian 
Legislature.— See Appendix IT. 

III.—Orders under Statutes .—See infra, page 4. 

IV. —Orders under Acts of the Governor General in Council and of the 

Indian Legislature.— See infra, pages 4 to 8. 

V. —Orders relating to Courts.— See mfra, pages 9 to 11. 


1 Not enumerated. See the Preface to this edition, paragraph 4. 




4 States and Estates in the Gwalior Residency. — {111.—Orders 
under Statutes. IV.—Orders under Acts of the Governor 
General in Council and of the Indian Legislature.) 


III.—Orders under Statutes. 

Order in. Council, 1902.' 


■See 53 * 84, 
Viot., 0.87. 


The Indian (Foreign Jurisdiction) 

Appendix I, 

No. 580-D., dated the 26th January, 1917. —(Jurisdiction of Sighs & 6,_G«o 
Courts over European British subjects.)— See Appendix IV. 


V, o. 61 , 


IV.—Orders under Acts of the Governor General in Council 
and of the Indian Legislature. 

Indian Evidence Act, 1872. 

Officers of the Gwalior State empowered to certify documents. 

No. 82311139-1., dated the 22nd May, 1923. —"With reference to the 
provisions of section 79 of the Indian Evidence Act, 1872 (I of 1872), 
the Governor General in Council is pleased hereby to declare that the 
following officers in the Gwalior State are duly authorised to certify 
documents for the purpose of the said section, namely:— 

1. All Subordinate Judges. 

2. All District Judges. 

3. All Munsiffs. 

4. All Frant Judges. 

5. The Registrar of the High Court. . 

[Gazette of India, 1923, Pt. I, p. 453.] 

Indian Christian Marriage Act, 1872. 

Resident at Gwalior appointed Marriage Registrar and licensed to grant 
certificates of marriage between Indian Christians. 

No. 1105-1. B., dated the 16th May, 1912. —In exercise of the powers 
conferred by sections 8 and 9, respectively of the Indian Christian 
Marriage Act, 1872 (XV of 1872), tbe Governor General in Council is 
pleased— 

(а) to appoint the officers named in the first column of the schedule 

hereto annexed, being Christians, to be Marriage Regis¬ 
trars in respect of the areas mentioned in the corresponding 
entries in the second column, and 

(б) to license the said officers to grant certificates of marriage 

between Native Christians within the said areas. 


2. 



States and Estates in the Gwalior Residency, —(ZF .—Orders 5 

under Aqbs of the Governor General in Council and of the 
Indian Legislature .) 


Schedule . 


Officers. Areas. 

The Resident at Gwalior . . . The Gwalior Residency. 

* * * * ' 

[Gazette of India, 1912, Pt. I, p. 560.] 

Certificates of marriage to he sent to Registrar-General, Central 

Provinces. 

No. 259-1., dated the 24th April, 1929 .—la exercise of the powers 
conferred fey section 56 of the Indian Christian Marriage Act, 1872 
(XY of 1872), the Governor General in Council is pleased to appoint 
the Registrar General of Births, Deaths and Marriages for the Central 
Provinces to he the officer to whom Marriage Registrars in the Gwalior 
Residency shall send the certificates mentioned in section 54 of the 
said Act. 

[Gazette of India, 1929, Pt. I, p. 581.] 

! Fees and rules. 

No. 1586-E., dated the 29th August, 1892 .—Printed in Appendix Y. 
Ettbopean Yageancv Act, 1874. 

Provisions brought into force from the 23rd September, 1891. 

l No, 3918-1., dated the 23rd September, 1891 .—Under the provisions 
of section 1 of the European Yagrancy Act' (IX of 1874), the Governor 
General in Council is pleased to declare that the provisions of sections 4 
to 9 (both inclusive) and of sections • 19, 20, 24 and 29 of the said 
Act shall come into force from the date of this notification in the 
dominions of the Princes and States comprised in the Central India 
Agency. 

[Gazette of India, 1891, Pt. I, p. 552,] 

Indian Abms Act, 1878. 

Exemption of certain persons in Indian States from the prohibitions and 
directions contained in the Act. Rules regarding the export of arms 
and ammunition from and their import into, British India. 

No. F-829-1-23, dated the 3rd November, 1923 .— (The Indian Arms 
Rules, 1924).—Printed in Appendix XXIJX 

‘ This Notification still applies to the territories now included in the Gwalior 
Residency, 




6 States and Estates in the Gwalior Residency. — (IV.—Orders 
under Acts of the Governor General in Council and of the 
Indian Legislature .) 


Exemption of certain persons in the Gwalior State. 

l No. 1084-M., dated the 19th April, 1928. —With reference to entry 
2 (6) in Schedule I to the Indian Arms Rules of 1924, the Resident 
.at Gwalior is pleased to direct that the following nobles and officials 
of the Gwalior State shall be deemed to be exempted within the meaning 
of the said Schedule and subject to the conditions and limitations con* 
iained therein:— 

(Not re-printed.) 1 

\Gazette of India , 1928, Pt. II-A, p. 144.] 

Births, Deaths and Marriages Registration Act, 1886. 

Appointment of (a) Resident to be Registrar of Births and Deaths, ( b ) 
Registrar General , Central Provinces, to be Registrar General for 
the Gwalior Residency. 

No. 1103-1. B ., dated the 16th May, 1912. —In exercise of the powers 
•conferred by section 13 of the Births, Deaths and Marriages Registra* 
tion Act, 1886 (VI of 1886), and in supersession of the notification of 
the Government of India in the Foreign Department, No. 8998-1., 
dated the 30th September, 1891, as subsequently amended, the Gov¬ 
ernor General in Council is pleased to appoint the officers named in 
the first column of the schedule hereto annexed to be Registrars of 
Births and Deaths, in respect of the (hisses of persons indicated in 
section 11, sub-section (1), clause (l) of the said Act for the local areas 
mentioned in the corresponding entries in the second column including 
the railway lands situate therein. 

2. For the purposes of section 24, sub-section (2) of fhe said Act, 
the Governor General in Council is further pleasocl fo appoint the 
Registrar General of Births, Deaths and Marriages for the Central 
Provinces to be the Registrar General for the said local areas. 



Schedule . 1 

Officers. 

Local areas. 

"The Resident at Gwalior 
• * # 

, . . The Gwalior ‘Residency* ' 

# # # # 0 

# * * 

* # # * , * 

[Gazette 

of India, 1912, Pt. I, p. 660.] 

l 

Fees and Rules. 

No. 2173, dated the 19th duly, 1888. — Printed in Appendix YI. 


* Amended ^Notification No. I347-M., dated the 17th May, 1928. Gaeett* of 
India, 1928* Pt* II-A, p. 179, 




States and Estates in the Gwalior Residency. — {IV.—Orders 7 

under Acts of the Governor General m Council and of the 
Indian Legislature .) 


Indian Foreign Marriage Act, 1903. 

Fees . 

No. 341, dated the 11th August, 1904 .—Printed in Appendix VII. 
Indian Extradition Act, 1903. 

Indian Assistant to the Resident to he a Political Agent for purposes 

of the Act. 

No. 356-1., dated the 15th July, 1925. —Id pursuance of suh-clause 
(b) of clause (40) of section 3 of tlie General Glauses Act, 1897 (X of 
1897), the Governor General in Council is pleased to appoint the Indian 
Assistant to the Resident at Gwalior to exercise the powers of a Political 
Agent under section 7 of the Indian Extradition Act, 1903 (XV of 1903), 
for the States of Gwalior and Khaniadhana. 

[Gazette of India, 1925, Pt. I, p. 614.] 

Offences under the Criminal Tribes Act declared to he extradition 

offences . 

No. 4806-1. B., dated* the J7lh November 1010 .—Printed in 
Appendix VIII. 

Desertion from certain units of Indian State Forces declared to he 
an extradition offence. 

No. 405-1., dated the 20th June, 1928 .—Printed in Appendix VIII. 

Rules under the Act, except in areas under British jurisdiction. 

No. 1862-1. A., dated the 13th May, 1004 .—Printed in Appendix 
VIII. 

Official Trustees Act, 1913. 

States of Gwalior and Khaniadhana included in the Bombay Presidency 

for purposes of the Act. 

No. 1450-Ddated the 19th March, 1914 .—Printed in Appendix 

XII. # 

Administrator General’s Act, 1913. 

States of Gwalior and Khaniadhana included in the Bombay Presidency 

for purposes of the Act. 

No. 1449-Ddated the 19th March , 1914 .—Printed in Appendix 

XIII. 




8 States and Estates in the Gwaliob Residency. — {IV. — Order» 
under Acts oj the Governor General in Council and of the 
Indian Legislature.) 


"Exercise of the powers of a District Judge under the Act. 

No. 3542-1., dated the 27th August, 1891 .—Printed in Appendix 


XIII. 


Indian Motob Vehicles Act, 1914. 


Conditions subject to which motor vehicles from Indian States may be 
brought temporarily intc British India. 

No. 627, dated the 6th July, 1916.- Printed in Appendix "XIV. 





States and Estates in the Gwalioh Residency. —(F .—Orders 9 

relating to Courts.) 


V.—Orders relating to Courts. 

British Courts beyond the limits of British India empowered to send 
warrants for the execution of capital sentences to officers in charge 
of prisons m British India. • 

No. 1431-1.) dated the 27ih April, 1893 .—Printed in Appendix 

XIX. 

Criminal law and procedure of British India applicable to British sub¬ 
jects in Indian States . 

No. 1863-1. A.j dated the 13th May, 1904 .—Printed in Appendix 

IT. 


Jurisdiction of the High Court, at Bombay over European British subjects 
in Gwalior and Khaniadhana. 1 

No. 580-D ., dated the 26th January, 1917 .—Printed in Appendix IT. 

Justices of the Peace to commit for trial to the High Court having 

jurisdiction. 

No. 582-D., dated the 25th January, 1917 ,—Printed in Appendix IT* 

Justices of the Peace invested with powers of Magistrates of the first 
class and bo hold inquests. 

No. 319-T)., dated the Kith January, 1917 .—Printed in Appendix IT* 

Appointment of Justice of the Peace . 

No. 256-1 ., dated the 24th April, 1929**~~In exercise of tie powers 
conferred by tie Indian (Foreign Jurisdiction) Order in Council, 1902, 
and of all other powers enabling him in that behalf, the Governor 
General in Council is pleased to appoint the Resident at Gwalior being 
a European British subject to be a Justice of the Peace within the States 
of Gwalior and Khaniadhana. | 

[Gazette of India , 1929, Pt. I, p. 578.] 

Criminal Jurisdiction in the Gwalior and Khaniadhana States, excluding 
the Gwalior Residency Area and Railway lands in which jurisdic¬ 
tion fs exercised by the British Government. 

No. 872-7 . B., dated the 15th March , 1921. —Whereas the Governor 
General in Council has in certain cases criminal jurisdiction within the 
Gwalior and Khaniadhana States: ! 

* In the case of certain Railway lands in Gwalior and Khaniadhana the same 
notification provides for the exercise of Jurisdiction by the High Court at 
Allahabad. 


10 States and Estates in the Gwalior Residency.— (V. — Orders 

relating to Courts .) 


In exercise of the powers conferred by the Indian (Eoreign Juris¬ 
diction) Order in Council, 1902, and of all other powers enabling him 
in that behalf, the Governor General in Council is pleased to issue the 
following orders with respect to such cases occurring within the limits 
of such States:— 1 

1. The Resident at Gwalior shall exercise the powers of a District 
Magistrate and of a Court of Sessions as described in the Code of 
Criminal Procedure, 1898, [and the Indian Assistant to the Resident at 
Gwalior shall exercise the powers of a Magistrate of the first class as 
described in the said Code.] 1 

2. In exercise of the jurisdiction of a Court of Session conferred 
on him by these Orders, the Resident at Gwalior may at his discretion— 

(а) take cognizance of any offence as a Court of original criminal 

jurisdiction without the accused being committed to him 
by a Magistrate and, if so, shall follow the procedure laid 
down by the Code of Criminal Procedure, 1898, for the 
trial of warrant cases by Magistrates; and 

(б) in other cases direct that the trial shall be without jury or 

aid of assessors. ’ 

3. The Agent to the Governor General in Central India shall exer¬ 
cise the powers of a High Court as described in the Code of Criminal 
Procedure, 1898, in respect’ of all offences over which the Resident at 
Gwalior exercises the jurisdiction conferred by these orders and for 
the purposes of all other criminal proceedings in connection with such 
cases. Provided that a person convicted on a trial held by the Resident 
at Gwalior in the exercise of the powers of a District Magistrate may 
appeal to the Agent to the Governor General in Central India within 
“thirty days from the date of the conviction. 

4. These orders apply to all proceedings except proceedings against 
European British subjects or persons charged jointly with European 
British subjects: but nothing herein shall be deemed to extend to the 
Gwalior Residency area * * * * 2 or to any railway lands in 
the States of Gwalior and Khaniadhana over which jurisdiction is exer¬ 
cised by the British Government. 

5. With effect from the date of this notification nothing contained 
in the notification of the Government of India in the Eoreign Depart¬ 
ment, No. 2382-1. B., dated the 16th November, 1912, shall apply to 
the Gwalior or Khaniadhana State* 

[Gazette of India , 1921, Pt. I, p. 433.] 

1 Added by Notification No. 356-1., dated the 15th July, 1925. Gazette of India* 
1925, Ft. L p. 614. t 

* Omitted by Notification No. 70-L, dated the 1st October, 1928. Gazette of 
Ittdia, 1923, Ft. I, p. 1288. 



States and Estates in the Gwalior Residency. —(F .—Orders n 

relating to Courts .) 


Jurisdiction of Criminal Courts of Indian States over Indian officers and 
Soldiers of the Indian Army . 

Letter of the Government of India, No. 1389-1. Adated the 18th 
April, 1905 .—Printed in Appendix XX. 

Service of summonses of Civil and Hevenue Courts of the Gwalior and 
Khaniadhana States — (a) by Courts in British India. 

No. 323-/., dated the 15th May, 1929 .—Printed in Appendix 

XXI-B. 


(6) by Courts established* or continued* by the Governor General in 

Council. 

No. 322-1., dated* the* 15th JAn/, 1929 .—Printed in Appendix 

XXI-A. 

Service by Courts of the Gwalior State of summonses of Courts in 

British India. 

No. 323-1., dated the loth May, 1929 .—Printed in Appendix 

XXI-B. 





Gwalior Residency Area.—( Enactments in farce?) 


13 


GWALIOR RESIDENCY AREA (ADMINISTERED 

AREA). 

The following British enactments are in force in the Gwalior Resi¬ 
dency Area:— 

I.—Statutes. 1 

II.—Acta of the Governor General in Council and of the Indian 
Legislature.— See Appendix II. 

III. —Orders under Statutes.— See infra, page 14. 

IV. —Orders under Act's of the Governor General in Council and of the 

Indian Legislature.— Sec infra, page 14. 

V.— Acts locally applied.— See infra, pages 15 to 19. 

VI. —Local Laws.— See infra, page 21. 

VII. —Orders relating to Courts.— See infra, pages 28 to 28. 

VIII.—Orders under Acts locally applied.— See infra, pages 29 to 30. 


‘Not enumerated. See Preface to this edition, paragraph 4. 




14 Gwaliob Residency Akea. — {111. — Orders under Statutes. IV .— 
Orders under Acts of the Governor General in Council and 
of the Indian Legislature.) 


III.—Orders under Statutes. 


The Indian (foreign Jurisdiction) Order in Council, 1902.— See 63 & 
Appendix !.• Viot., o. 37. 

No. 580-D., dated the 26th January, 1017 .—(Jurisdiction of High 5 & 6 , Geo. 
Courts over European British subjects).— See Appendix IY. 


V, c. 01. 


IV.—Orders under Acts of the Governor General in Council 
and of the Indian Legislature. 

The orders cited above (pages 4 to 8) as in force in States in the 
Gwalior Residency operate to the same extent in the Gwalior Residency 
Area as in the State in which the area is situated, with the exception 
of orders under the Indian Kxivuditiou Act, 1908, which do not apply 
in the Administered Area. 





Gwaxiob. Residency Area.— (V.—Acts locally applied.) 15 


V.—Acts locally applied. 

Application of General Acts. 

No. 257-1., dated the 24th April, 1929. —In exercise of the power* 
conferred by the Indian (Foreign Jurisdiction) Order in Council, 1902, 1 
and of all other powers enabling him in that behalf, the Governor Gene¬ 
ral in Council is pleased, in supersession of the notification of the 
Government' of India in the Foreign and Political Department, No. 873- 
I. B., dated the 15th March, 1921, and of all notifications amending the 
same, to apply the enactments specified in the first column of the schedule 
hereto annexed to the Gwalior Residency Area, in so far as the same 
may be applicable thereto and subjeot to any amendment's to which 
the enactments are for the time being subject in British India: 

Provided, first, that in the enactments as so applied (except where 
the context or the modifications hereinafter referred to otherwise re¬ 
quire) references to a Local Government or a Secretary to a Local Gov¬ 
ernment shall be read as referring to the Resident at Gwalior; references 
to a High Court as referring to the Court of the Agent to the Gov¬ 
ernor General in Central India; and references to British India or to 
the territories subject to or administered by a Local Government as 
referring to the Gwalior Residency Area: 

Provided, secondly, that the further modifications and restrictions 
set forth in the said schedule shall be made in the enactments as so 
applied: 

Provided, thirdly, that for the purposes of facilitating the appli¬ 
cation of the said enactments, any Court having jurisdiction in the 
Gwalior Residency Area may construe the provisions thereof, and any 
notifications, orders, rules, forms or bye-laws thereunder, with such 
alterations not affecting the substance as may be necessary or proper to 
adapt them to the matter before the Court: 1 

Provided, fourthly, that, subject to the provisions of this notification, 
the Resident at Gwalior may direct by what officer any authority or 
power under the said enactments.shall be exerciseable: 

Provided, fifthly, that all civil mid criminal and other proceedings 
pending at the date of this notification shall be carried on as if this 
notification had not been issued, but that, save as aforesaid, all pro¬ 
ceedings commenced, officers appointed or authorised, jurisdictions or 
powers conferred or confirmed, notifications published, rules or bye-laws 
made, orders passed and things done under any of the enactments 
specified in the notifications hereby superseded in the said Gwalior 
Residency Area shall be, as far as may be, deemed to have been respec¬ 
tively commenced, appointed or authorised, conferred or confirmed, pub- 


* Printed in Appendix I. 



16 Gwalior Residency Area.— (V.—Acts locally applied.) 


listed, made, passed and done, tinder the corresponding enactments as 
applied by this notification. 

The Schedule. 


Enactments applied. Further modifications and restrictions. 

Acts of the Governor 
General in Coun¬ 
cil. 

1. The Judicial ...... 

Officers’ Protec¬ 
tion Act, 1850 

(XVIII of 1850). 

2. The Indian Penal In section 75 the words u British India ” shall be read as. 

Code (Act XLV of referring to British India and the Gwalior Residency 
1860). Area. 

3. The Police Act, (1) In section 1— 

1861 (V of 1861). (a) for the definition of “ Magistrate of the district 99 

the following shall be substituted, namely:— 

“ The words 1 Magistrate of the district 9 shall 
mean the officer exercising within the 
Gwalior Residency Area the powers of a 
District Magistrate as described in the Code 
of Criminal Procedure, 1898: ” 

(6) for the definition of “ Magistrate ” the following 
shall be substituted, namely :—“ the word * Magis¬ 
trate 9 shall include all persons within the 
Gwalior Residency Area exercising all or any of 
the powers of a Magistrate. ” 

(c) the definition of “ general police—district 99 shall 
be omitted. 

(2) Section 5 shall be omitted. 

(3) In section 34 the words from £< within the limits ” to* 
“ Local Government ” shall be omitted. 

4. The Foreigners . 

Act, 1864 (III of 

1864). 

5. The Indian Evi- in sections 57, 74, 78 and 79 the words “ British India 99 

dence Act, 1872 shall be read as referring to British India, the Gwalior 

(I of 1872). Residency Area and areas outside British India under 

the administration of the Governor General in Council, 

6. The Indian Oaths . 

Act. 1873 (X of 

187$). 

7. The Police Act. . 

1888 (III of 

1888). 

8. The Revenue Reco- For section 8 the following shall be substituted, namely: — 
very Act, 1890 (I 

of 1890). 

“ 8. The provisions of this Act shall apply equally to— 

(a) the recovery in the Gwalior Residency Area of any 
arrear of land revenue accruing or sum recoverable* 
as an arrear of land revenue and payable to a 
Collector or other public officer or to a local autho¬ 
rity in any part of British India or«in any local' 
area, which is not part of British India but which 
is under the administration of the Governor Gene¬ 
ral in Council and to which the Revenue Recovery 
Act, 1890, has been applied; and 

(b) the demand for the recovery in British India or in* 
spy such local area of any such arrear accruing, 
or sum so recoverable and payable, in the safer 
Gwalior Residency Area. 







Gwalior Residency Area.— (F. — Acts locally applied.) 17 


Enactments applied. Further modifications and restrictions. 


9. The Prevention of . 

Cruelty to Ani¬ 
mals Act, 1890 
(XI of 1896). 

10. The Epidemic . 

Diseases Act, 1897 

(III of 1897). 

11. The General In clause (7) of section 3, the words “ Biitish India ” shall 

Clauses Act, 1897 remain unmodified, but in any other enactment where 
(X of 1897). this definition would otherwise apply, the words shall bo 

road subject to the provisions of this notification. 

12. The Code of (1) Sections 22 and 25 shall be omitted. 

Criminal Proce¬ 
dure, 1898 (Act V 

of 1898). 

(2) A Sessions Judge at his discretion— 

(a) may take cognisance of an offence without the 
accused person being committed to the Court of 
Session by a Magistrate and, if so, shall follow I ho 
procedure hud down by this Code for the trial of 
warrant cases by Magistrate; and 

(b) in other cases may direct that any trial before the 
Court of Session shall be without jury or aid of 
assessors. 

(3) The* powers conferred by sections 401 and 402 shall be 
exorcised only by the Governor General in Council. 

(4) A person convicted on a trial held by a District Magis¬ 
trate, who is also the Sessions Judge, may appeal to the 
High Court, and in that case, notwithstanding anything 
in the Indian Limitation Act, 1908, as applied, the period 
of limitation for an appeal to the High Court shall be 
thirty days from the elate of the conviction. 

(5) hi Hub-section H) of section 603, after the words “ such 
attendance and ” the words ** if such witness resides in 
any area to which this Code applies or in British India ” 
shall be inserted. 


13. The Code of Civil 
Procedure, 1908 
(Act V of 1908). 


(0) Nothing in the Code as applied shall he deemed to 
apply to proceedings against European British subjects 
or persons charged jointly with European British sub¬ 
jects. 

(1) In sub-section (6) of section 2, section 10 and sub-rules 
4 and 6 of rule 49 of Order XXT in the first Schedule, the 
words u British India ” shall be read as referring to 
British India and the Gwalior Residency Area. 

(2) In the proviso to section 29, after the word u Sum¬ 
monses ^ the words “ are situate in British India or’* 
shall be inserted. 

(3) For section 48, the following shall be substituted, 
namely: — 

“ 43. Execution of decrees of ‘British (7ourt$.-~*Any decree* 
passed by a Civil Court in British India or by any Court 
established or continued by the authority of the Gover¬ 
nor General in Council may. if it cannot be executed' 
within the jurisdiction of the Court by which it was 
passed, be executed in the manner herein provided 
within the jurisdiction of any Court in the Gwalior Resi¬ 
dency Area.” 

(4) In section 45, before the words “ any Court” the* 
words u any Court situate in British India, or to shall 
bo inserted. 

($) For clause (by of Motion 78, the following shall be sub¬ 
stituted namely:— 

“ m Oourts situate in British Indie or in any other part 
of the British Empire, or ” . 





18 Gwalior Residency Area.—(7 .—Acts locally applied .) 


Enactments applied. 

13. The Code of Civil 
Procedure, 1908 
(Act V of 1908)— 
contd. 


Further modifications and restrictions. 

(6) To rule 25 of Order V m the First Schedule the follow¬ 
ing shall be added, namely: — 

“ Provided that, if the defendant resides in British India, 
the summons may he sent for service to a Court (not 
being a High Court) having jurisdiction at the place 
where he resides and if the Court returns the summons 
with an endorsement signed by the Judge or other Officer 
of the Court that the summons has been served on the 
defendant m manner hereinbefore directed, such endorse¬ 
ment shall be deemed to be evidence of service.” 


14. The Whipping 
Act, 1909 (fy of 
190$). 

15. The Indian Lunacy 
Act. 1912 (W of 
1912). 


16. The Indian Paper 
Currency Act, 
1923 (X of 1923). 


(7) The provisions of rule 48 of Order XXI in the First 
Schedule shall apply only to those cases in which the 
salary or allowances are payable in the Gwalior Resi¬ 
dency Area. 

Section 6 shall be omitted. 


(1) To clause (1) of section (3), the following shall be added, 
namely * — 

“ and includes all asylums or mental hospitals for lunatics 
established or licensed by Government in British India ”. 

(2) Sections 14, 15 and 67 shall be subject to the proviso 
that, if a lunatic is an inhabitant of a State in India, 
the Magistrate or Judge, as the case may be, may make 
him over to the care of such State with its consent and, 
m the case of an order under section 67, with the con¬ 
sent of, the person on whose application the inquisition 
was instituted. 

Only the following sections shall apply as hereby modified, 
namely: — 

“ 14. A universal currency note for the time being of 
British India, and any other currency note of British 
India which the Governor General in Council may from 
time to time direct, shall be a legal tender for the 
amount expressed in the note in payment or on account 
of— 

(a) any revenue or other claim to the amount of five 
rupees or upwards due to Government, and 

(b) any sum of five rupees or upwards due by Govern¬ 
ment or by any body corporate or person. 

25. Xo person shall draw, accept, make, or issue any bill 
of exchange, hundi, promissory note or engagement for 
the payment of money payable to bearer on demand, or 
borrow, owe or take up any sum or sums of money on 
the bills, hundis or notes payable to bearer on demand, 
of any such person: 

Provided, that cheques or drafts, payable to bearer on 
demand or otherwise, may be drawn on bankers, shroffs 
or agents by their customers or constituents, in respect 
of deposits of money in the hands of those bankers, shroffs 
or agents and held by them at the credit and disposal 
of the persons drawing such cheques or drafts. 

26. (1) Any persons contravening the provisions of section 
25 shall, on conviction by a Magistrate of the first class, 
be punishable with a fine equal to the amount of the 
bill, hundi, note or engagement in respect whereof the 
offence is committed. 


(2) Every prosecution under this section shall he instituted 
by a person empowered in this behalf by the Resident at 
Gwalior with the sanction of the Governor General in 
Council. 

17. The Indian Sol- Sub-section (3) of section 1 shall be omitted, 
dierg (Litigation) 

Act, 1935 (IV of 


Gwaliob. Residency Aeea.—(F.— Acts bcally applied.) 19 


Enactments applied. Further modifications and restrictions. 

l [18. The Indian Sue- (1) Only sections 1 to 56, section 58 subject to the modi- 
cessi on Act, 1925 ncation set out below, sections 59 to 268, sub-section (1) 

(XXXIX of 1925). of section 264, sections 265 to 381, section 382 in the 

modified form set out below, sections 383 to 392, and 
Schedules I, II and IV to IX shall apply. 

(2) Section 58 shall be modified as follows, namely: — 

In sub-section (1) the words “ save as provided by section 

57 ” shall be omitted. 

(3) Section 382 shall apply in the following modified form, 
namely: — 

“ 382. Where a certificate in the form of Schedule VIII 
to this Act has been granted under the provisions of 
this Act by a Court having jurisdiction under the Act in 
British India or under the Act as applied in any area 
outside British India which is under the administration 
of the Governor General m Council, or where a certificate 
in the form, as nearly as circumstances admit, of the 
said Schedule has been granted to a resident within a 
foreign State bv the British representative accredited to 
the State, or where a certificate so granted has been ex¬ 
tended in such form by such Court or by such represent¬ 
ative, the certificate snail ha\ e the same effect as a certi¬ 
ficate granted or extended under this Act.”] 

[Gazette of India , 1929, Pt. I, p. 578.] 

1 Inserted by Notification No. 339-1., dated the 22nd May, 1929. Gazette of 
India , 1929, Pt. I, p. 739. 






TV 


ft 




Gwalxoe Residency Abba .—(VI.~»Local Laws.) 


21 


VI.—Local Laws. 


Publication of newspapers and other printed works. 

No. 2651-1., dated the 25th June, 1891 .—Printed in Appendix 

'XVII. 


Provision for execution of capital sentences in British India. 

No. 1431-1., dated the 27th 'April, 1893 .—Printed in Appendix 

XIX. 







Gwalior Residency Area.— {VII.—Orders relating to Courts .) 23 

VII.—Orders relating to Courts. 

Provision for execution of capital sentences in British India. 

No. 1431-1dated the 27th Apn 7, 1S03. —Printed in Appendix 

XIX. 

Criminal Law and Procedure of British India applicable to British 
subjects m Indian States. 

No. 1863-7. A., dated the 13th May , 1004. —Printed in Appendix IV. 

High Court at Bombay to exercise jurisdiction over European British 
subjects m Gwalior and, Khaniadhana. 1 

No. 580-Ddated the 26th January, 1917 .—Printed in Appendix IV. 

Justices of the Peace to commit to the High Court having jurisdiction . 
No. 582-1)., dated the 25th January, 1917. —Printed in Appendix IV. 

Justices of the Peace invested, with powers of Magistrates of the 1st 
Class ami to hold inquests. 

No. 319-1)., dated the 16th January, 1917. —Printed in Appendix IV. 

Appointment of Justice of the Peace. 

No. 256-1., dated the 24th April, 1929. —Printed supra, page 9. 

Agent to the Governor General in Central India to exercise powers 

of a High Court. 1 

No. 874-1. Bdated the 15th March, 1921. —In exercise of the powers 
conferred by the Indian (Foreign Jurisdiction) Order in Council, 1902, 
and of all other powers enabling him in that behalf, the Governor 
General in Council is pleased to direct that for the purposes of criminal 
jurisdiction within the Gwalior Residency Area 2 0 * *, the Agent 
to the Governor General in Central India shall exercise the powers of 
a High Court as defined in the Code , of Criminal Procedure, ,1808 *[a$ 
applied to .that area], except in proceedings against European British 
subjects or persons charged jointly with European British subjects. , 

* In the case of certain Railway lands in Gwalior and Khaniadhana the same 
notification provides for the exercise of jurisdiction by the High Court at 
Allahabad 1 - . ' ' 

u * Omitted and substituted by Notification No. 70-1., dated the Itfe Ootober, 1928. 
of India, 1928, Ft. I, ft, 1388. 



24 Gwaliou Residency Abea. —(Vi /.—Orders relating to Courts.) 


2. With, effect from the date of this notification nothing contained 
in the notification of the Government of India in the Foreign Depart¬ 
ment, No. 2381-1. 11., dated the 16th November, 1912, shall apply to 
the Gwalior Residency Area * * * - 1 

[Gazette of India , 1921, Pt. I, p. 437.] 

Count of Session and District Magistrate. 

No. 1628-B ., dated the /Oth November , / 012. —In exercise of the 
powers conferred by sections 7, 9 and 10, respectively, of the Code of 
Criminal Procedure, 1898, as applied to the Administered Areas in 
Central India by the notification of the Government of India in the 
Foreign Department, No. 2365-1. 11., dated the 14th November, 1912, 
the Agent to the Governor General in Central Tndia is pleased— 

(а) with the sanction of the Governor General in Council, to 

direct that the area or areas mentioned in each entry 
in the first column of the schedule hereto annexed shall 
be a sessions division and a district for the purposes of 
the said Code; 

(б) to establish a Court of Session for each such sessions division 

and to appoint as Judge of such Court the officer named 
in the corresponding entry in the second column of the said 
schedule; 

(c\ to appoint each of the officers named in the third column of 
the said schedule to he a Magistrate of the first class and 
District Magistrate for the district mentioned in the cor¬ 
responding entry in the first column. 

' Schedule. 

Administered Area. Sessions Judge, District Magistrate, 

* *' > * *** * * * 

The Owalior Residency Area the Bp*ide«fe a* OrTsMot. The Resident at Qwaiior. 

* * * **# * * * 

[Gazette of Inina, 1912, Pt. II, p. 1795.] 

Service and execution by Courts of the Gwalior Residency Area ofsam* 
mouses and decrees — (a) of Ci/oil or Revenue Courts in British 
India; 2 (5) of other Courts established or continued %y the Gov¬ 
ernor General in Council; 2 (<?) of certain Courts of Indian States* 

No. 322-1., dated the ISth Stay, in Appendix 

XXI-A. , 

!■** «“*«* ‘I ■ 

M lofeSp® 0 ” 8 29 *** * * *4.-0°** »* CW» Prowdw*, im (V ot im>,. 










Gwalior Residency Area. — ( Til. — Orders relating to Courts ,) 25 ✓ 


Service of summonses and execution of decrees of Courts of the Gwalior 
Residency Area J — (a) by other Courts established by the Governor 
.General in Council. 

No. 322-1., dated the loth May , 1929. —Pi in ted in Appendix 

XXI-A. 


(b) by Civil Courts of the Baroda and Mysore States . 

No. 398-1. B., dated the 25th February , ' 

1910.— 

No. 2622-1. Bdated the 24th December, l Printed in Appendix 
1912.— I XXI-C. 

No. 2623-1. Bdated the 24th December 
1912.— 


Mode of Whipping. 

No. 852(M(3, dated the 3rd April , 1929. —In pursuance of section 
392 of the Code of Criminal Procedure, 1898 (Act V of 1898), as applied 
to the Gwalior Residency Area, the Resident at Gwalior is pleased to 
direct that the punishment of whipping shall be inflicted in the case 
of persons of 12 years of age and over on the buttocks and of boys 
under 12 years of age on the hands, and in the case of persons under 
16 years of age with a lighter rattan than that used for adults. 

[Gazette of India , 1929, Pt. IT-A, p. 150.’] 

Payment of expenses of complainants and witnesses. 

No. 8531M. 14, tlated the 3rd April, 1929. —In exercise of the powers 
conferred by section 544 of the Code of Criminal Procedure, 1898 (Act 
V of 1898), as applied to the Gwalior Residency Area, the Resident 
at Gwalior is pleased to make the following rules to regulate the pay¬ 
ment of the expenses of complainants and witnesses attending Criminal 
Courts in the said area for the purposes of any enquiry, trial or other 
proceedings under the said Code. 

2. Such Courts are authorised to pay the expenses of complainants 
and witnesses attending before them:*— 

Firstly .—In all cases, whether bailable or non-bailable, in which the 
prosecution Is instituted or carried on by, or Under the orders of, or 
with the sanction of Government, or of any British Judge, Magistrate 
oi* other public servant; 

Courts may send their 
service and execution, 
f tm <J of 1908). 


fegfc 

Prooedture 


iumaomm and dserwa tj Courts in British 
see tortious 60 ahd 48 of the Code of CM! 



26 Gwalior Residency Area.— {VIL—Orders relating to Courts .) 


Secondly . —In all cases entered in column 5 of Schedule II appended 
to the Code of Criminal Procedure as non-bailable, when it shall appear 
to the presiding officer of the Court to be directly m furtherance of 
the interests of public justice; 

Thirdly . —In bailable cases in which the presiding officer of the 
Court considers that m the interests of justice such payment is proper; 
and 

Fourthly . —In all cases in which the witnesses are compelled to attend 
by the Court, under the provisions of section 540 of the Code of Criminal 
Procedure, 1898; 

Provided always that no such payment shall be made to any witness 
by Government, when the expenses of the attendance of such witness 
have been deposited in Court under section 216, 244 or 257 of the Code 
of Criminal Procedure, 1898. 

3. The rates referred to in the foregoing rule are as follows: — 

(а) For Indians of the ordinary labouring class eight annas per 

diem for men, and five annas per diem for women. 

(б) For Indians of higher rank in life Re. 1 per diem. 

(c) For persons earning fixed daily or monthly wages who would 

lose wages for the period of attendance at Court the 
amount of the wages actually so lost. 

(d) For Europeans, Anglo-Indians and Indians of superior rank 

a diet allowance according to circumstances. Such allow¬ 
ance shall not generally exceed Rs. 3 per diem, but the 
Court shall have discretion in special cases to fix it at a 
higher rate. 

4. Travelling expenses will be given only when the journey could 
not, with reasonable ease and expedition, have been performed on foot, 
or in the case of persons whose age, position and habits of life render 
it impossible for them to walk. In such cases, in addition to diet 
allowance, travelling allowance shall be given at the following rates: — 

(а) When the journey is by road, the actual expenses incurred 

up to a maximum limit of four annas a mile. 

(б) Where the journey is wholly, or partly, by rail—- r 

(t) For Indians generally, railway fare by the lowest class. 

(ii) For Europeans, Anglo-Indians and Indians of superior rank, 
intermediate or second class railway fare; hut the 'Court 
may at its discretion award first class fare when the 
persons concerned would from their social position ordi¬ 
narily travel by the first class. 


Gwalior Residency Area. —(Vll . —Orders relating to Courts*} 27 


Notwithstanding the above xules— 

(a) Government servants when summoned to give evidence in their 
public capacity shall receive nothing from the Court. In this case they 
are entitled to travelling allowance under the Fundamental Rules, 
the Court while discharging them, shall furnish them with a certificate 
in the following form : — 

“ It is hereby certified that it was considered essential to recortf 
the evidence of in the case noted on the margin, 

and that he was in this connection required to attend the 
Court for days from to 

9 9 


Government servants when summoned to give evidence in ilieir private 
capacity may he paid by the Court and may retain any travelling 
allowance duo to persons of corresponding rank under these rules, but 
they may not draw diet allowance and they shall not he entitled to any 
travelling allowance under the Fundamental Hales. 

(b) Witnesses other than Government servants, following any pro* 
fession, such as medicine or law, shall receive an allowance not exceed¬ 
ing Us. 5* per diem, according to circumstances, and when they have 
to travel a distance exceeding five miles their actual expenses for con¬ 
veyance (not exceeding eight annas a mile) or railway fare according 
to status. 

6. Medical Officer .—Government of India (Department of Finance 
and Commerce), Resolution No. 3050, dated the 11th August, 1882.— 
A Medical Officer other than a Civil Surgeon, or Officer in Medical 
Charge of the Civil Station, summoned to give evidence in a Criminal 
Court touching the result of a post-mortem or other examination con¬ 
ducted by him, in a case not falling within the ordinary discharge of his 
duties, shall not receive any remuneration, other than the expenses to 
which he is entitled as a witness under these rules. 

7. Medical subordinates in Local Fund or Municipal employ (in¬ 
cluding Government servants lent to and paid by local bodies) when 
attending Court to give evidence in their public capacity, shall be 
paid the same rates of travelling allowance as would be admissible to 
Government servants of similar grades under the Fundamental Rules. 

8. The Court ordering the payment under these rules of the expenses 
of a complainant or witness shall decide— 

(a) the class to which he belongs, and the rate at which he is 
to be paid; 

(5) the number of days necessary for his journey to and from the 
Court, 



28 G-waliok Residency Area. — (VII.—Orders relating to Courts .) 


9. The Court shall exeicise its discietion in ordering or refusing 
to order payment of expenses within the limits laid down in the fore¬ 
going rules whether an application for payment he made or not. 

f Gazette of India , 1929, Pt. II-A, p. 150.] 





Gwalior Residency Area. —(17277. —Orders under Acts applied.) 29 


VIII.—Orders under Acts applied. 

Police Act, 1888. 

Inclusion of the Gwalior Residency area in a general Police district under 
the agent to the Governor General in Central India as Local Go* 
vemment . 

No. 875-1. B ., dated the 15th March , 1921. —In exercise of the 
powers conferred by section 2, sub-sections (1) and (2) of the Police Act, 
1888 (ITI of 1888), as applied to the Administered Areas in Central India, 
x [and the Gwalior Residency Area], the Governor General in Council 
is pleased— 

(1) to create a general police district embracing the said Areas 

# * * #2 

9 

(2) to order tlie enrolment under the Police Act, 1861 (Y of 1861), 

as applied to the said Areas * * * ** of a police force 
for service therein and to direct that the Central India 
Agency Police enrolled under the said Act as applied to 
the Administered Areas in Central India by the notifica¬ 
tion of the Government of India in iho "Foreign Depart¬ 
ment, No. 2365-1* B., dated the 14th November, 1912, 
shall he deemed in have been enrolled under this notifica¬ 
tion, and 

(8) to appoint the Agent to the Governor General in Central India 
to discharge, with respect to the general police district and 
police aforesaid, the functions of the Local Government 
under the said Police Act, 1861 (Y of "1861), the Code of 
Criminal Procedure, 1898 (Y of 1898), and any other en¬ 
actment relating to police for the time being in force in the 
said Areas ♦****. 

[Gazette of India, 1921, Pt, I, p. 437*3 


Code or Criminal Procedure, 1898. 

See 11 Orders relating to Courts ”, supra, pages 28 to 28. 


Indian Paper Currency Act, 1928* 

Currency notes of the Bombay Circle to be leyal tender. 

No. 888*1., dated the 84th April, 1929 —In exeroxse of the powers 
conferred by section 14 of the Indian Paper Currency Act, 1928 (X of 


1 Substituted toy Notification No. 70-1., dated th* let October, 1928. 


GatitU 




SO Gwalior Residency Area,— (VIII.—Of dors under Acts applied.) 


1923), as applied to the Gwalior Residency Area, the Governor General 
in Council is pleased to direct that currency notes of the Bombay Circle 
of Issue as established for the time being under the Indian Paper Cur¬ 
rency Act, 1923 (X of 1923), shall be legal tender in the said area. 

[Gazette of India , 1929, Pt. I, p. 681,] 





Rajptjtana.— {Introduction.) 


31 


CHAPTER II.—RAJPTXTANA. 


comprises tlie following six suboridnate Poli- 
States and Chiefships. 


The Ilajpuiana Agency 
tical Agencies: — 

Agency. 

Mewar Residency .' 1 
Jaipur Residency. 

.Western Rajputana States Residency. 
Eastern Rajputnna States Agency, 

Haraoti and Tonk Agency. 


Southern Rajputana States Agency. 


I’daipur (Mewar). 

Jaipur." 

Kishengarh. 

Lawa. 

Jodhpur (Marwar). 

Jaisalmer. 

Alwar. 

Bharntpur. 

Dholpur. 

Karauli. 

Kotah. 

Tonk.* 

Bundi. 

Jhalawar. 

vSlmhpura. 

Banswara (including Kushalgarh). 
Pungarpur. 

Pratabgarh. 


The states of Bikaner and Sirohi are in direct political relations with 
the Agent to the Governor General. 

The only jurisdiction exercised by political officers in the States of 
Rajpulana is in respect of British subjects, Europeans and Americans, 
and Government servants, except as follows: — 

(a) The Raja of Shahpura exercises full civil and criminal juris¬ 

diction within his State subject to the condition that every 
person sentenced to death or transportation for life has 
the right to submit a petition for mercy to the Agent to 
the Governor General in Rajputana, whose advice on the 
subject the Raja is bound to accept . 4 

(b) The Chief of Kushalgarh exercises full civil and criminal 

jurisdiction within his estate, subject to the restriction 
that the proceedings in cases in which the accused have 
been convicted of offences punishable with death or trans- 


1 The Gangapur pargana of Gwalior aud the Nandwai pargaua of Indore are also 
in the Mewar Residency, 

4 The J&ipur Durbar exorcises jurisdiction, e.g,, in heinous offences and im- 
portent oirif *uite, in the pargana of Kot-Rutji which the Raja of Kheferi, a 
feddatorv of Jaipur, holds as a ftef of the British Government. But the latter 
, reserve the power as suzerain to intervene should this arrangement cease to be 
sawfactory* 1 , * ■ _ ■ 

1 Sironi wwe withdrawn from 
the Fotitioel Agents in Malwa 

m Emm e, vox. iu> m . vm, p. am. 


4 The outlying purgana* of 0>habra* Firawa i 
the political ehdrgt efthe Resident at Gwalior a i 









32 


Rajput ana . —(Introd uction .) 


portation for life are submitted for the approval of the 
Political Agent anil all sentences in such cases require the 
confirmation of the Agent to the Governor General. 

(c) The Thakur of Lawa exercises in criminal cases the powers of 

a 1st class Magistrate and in civil cases is empowered to 
hear suits up to a value of Rs. 1,000, provided in each case 
that neither he nor his relatives or servants are concerned 
in the proceedings. 

Appeals from the Thakur’s decisions lie to the Resident, 
Jaipur, who exercises residuary powers as District Magis¬ 
trate and District and Sessions Judge and disposes of 
original work—whether civil or criminal—which the 
Thakur is not empowered to deal with. 1 

(d) The Chief of Nimrana, a feudatory of the Alwar State, exer¬ 

cises “ civil and criminal jurisdiction within his estate, 
subject only to such conditions as the British Government 
be pleased to lay down from time to time for the guidance 
of Chiefs of a like position and status.” 2 

(e) In the Salt Sources of Sambhar, Didwana, Luni, and Pach- 

bhadra situated in the States of Jaipur and Jodhpur, the 
British Government has acquired jurisdiction in all matters 
connected with the manufacture, sale and removal of salt, 
and the prevention of unlicensed manufacture and smugg* 
ling. 3 

(/) The Courts of Vakils established m the different Agencies for 
the disposal of cases of an inter-jurisdictional character 
were abolished in 1927 with the exception of the Deoli 
Court, to which all cases which cannot be dealt with in the 
local courts of the various States are now referred. The 
Court is guided by the local Political Agent to whom all 
decisions are submitted tor continuation. The Vakils 
attending on the Agent to the Governor General still sit 
as an appellate court and make recommendations to the 
Agent to the Governor General whose confirmation is else 
required for all sentences of death or of imprisonment for a 
term exceeding seven years. * 

* See Treaties, Voi. Ill, Ed. 1909, p. 101. " r 

4 See Treaties, VoL III, Ud. 1009, p. $86. 

* See Treaties, Vol. Ill, Hd. 1909, pp. 110-116 and 179-19$. 

A similar jurisdiction was required at Phakrdt in 1879 by* agreement with the 
Jodhpur, Durbar: but manufacture was discontinued there in 1892 and the source 
wasfinaily closed in 1897. The Luni source has been dosed since 1887. 




Rajpcttana.— {Introduction.) 


33 


The following Administered Areas in Rajputana are subject to 


British jurisdiction, namely : — 

The Parganas oi— 

Todgarh 1 .... 

Diwair 1 . 

:] 

Saroth 1 ... 

. ^jboiimng part ol the Merwara Sub-dm- 
. I •'■ion of Ajiuei-Mei wara. 

Chang-. 

Kot-Kai ana 3 .... 

• J 

Abu 1 . 

. Head-quarters of the Ltajputana Agency. 

Deoh. 

. Cantonments occupied respectively by the 
Deoh Regiment, the Ermpura Regiment, 
and the Mewar Blnl Coips. 1 

Deoil, Eriupura .... 

. Cantonments occupied by the Mma Corps, 

Kherwara, Kotra 

. Cantonments occupied by the Mewar Bhil 
Corps. 


The railway lands in Rajputana which are subject to British juris¬ 
diction are included in the North Central and North-Western Divisions 
of Railways enumerated in Volume VIII. 


1 Belonging to Mowar. Her Treaties, Vol. IH, Ed, J909, pp. 405-409. 

3 Belonging to Mnrwar. Hee Treaties, Vol. IN, Ed. 1900, pp, 405-409. 

$ Leased from Sirohi. Nee Aitchison’s Treaties, Vol, TTI, Edition 1909, p. 215. 

4 Of. Notification No. 392, dated the 20th March, 1908. (hi.t ile of India, 3908, 
Pt. I, p. 229. 









34 


States in Eajputana. —(Enactments in force.) 


STATES IN RAJPTTTANA. 

The following British enactments are in force in the Stales in B,aj- 
pntana: — 

I.—Statutes. 1 

II —Acts of the Governor General in Council and of ilie Indian 
Legislature.— See Appendix II. 

III.—Orders under Statutes.— See infra , page 35. 

IY.—Orders under Acts of the Governor General in Council and 
of the Indian Legislature.— See infra , pages 35 to 41. 

Y.—Local Laws.— See infra , pages 43 to 54. 

YI.—Orders relating to Courts.— See infra > pages 55 to 64. 

YII.—Orders under Acts applied.— See infra , pages 65 to 68. 

1 Not enumerated. See Preface to this Edition, paragraph 4. 



States in Rajputana. — (Ill.—Orders under Statutes. IV .— 35 

Orders under Acts of the Governor General m Council and of 
the Indian legislature.) 


III.—Orders under Statutes. 

The Indian (Foreign Jurisdiction) Order in Council, 1902. —See 53and54 
Appendix I. Viot., o.37. 

No. 680-1)., dated the 26th January, 1017 .—(Jurisdiction of High 5 and 6 Gaa 
Courts over European British subjects.) See Appendix IV. V., o. 81. 


IV.—Orders under Acts of the Governor General in 
Council and of the Indian Legislature. 

Indian Oiuustian Makimaok Act, 1872. 

Officers appointed Marriage Registrars and licensed to grant certificates 

of marriage between Indian Christians. 

No. 4260-1., dated the 26th October, 1888 .—In exercise of the powers 
conferred by sections 8 and 9, respectively, of the Indian Christian 
Marriage Act (XV of 1872), tlui Governor Gencial in Council is pleased— 

(a) to appoint every Political (ifiicor for the time being accredited 

to a Native State in the Rajputana Agency, being a 
Christian, to be a Marriage Registrar within the limits of 
that State. 

(b) to license him to grant certificates of marriage between Native 

Christians within the said limits. 

2. This notification supersedes Government of India, Foreign Depart¬ 
ment, Notification No. 1704-G., dated 6th August, 1873, except so far 
as it relates to the Magistrate of Abu. 

[Gazette of India, 1888, Ft. I, p. 479.] 

No. 2864-1. B., dated the 3rd September, 1918 .—In exercise of the 
powers conferred by sections 8 and 9 respectively of the Indian Chris¬ 
tian Marriage Act, 1872 (XV of 1872), and in supersession of the noti¬ 
fication of the Government of India in the Foreign and Political De¬ 
partment *No. 2228-1. B-, dated the 1st October, 19X7, the Governor 
General in Oounoil is pleased to appoint the person holding for the time 
being the appointment of Magistrate of Abu, and being a Christian, 
to be a Marriage Registrar for the District of Abu, and to grant to the 
said person a license authorising him to grant certificates of marriage 
between Native Christians within the said District. 

IGassem of India, 1918, Pt. t* p. 1882.] 



36 States in Rajputana.— (717. — Orders under Acts of the Governor 
General in Council and of the Indian Legislature.) 


Certificates of marriage to be sent to the Commissioner , Ajmer-Merwara . 

No. 4262-1., dated' the 26th October. 1888. —In exercise of the powers 
conferred by section 56 of the Indian Christian Marriage Act (XV of 
1872), and in supersession of this Department Notification No. 1705-G., 
dated the 6th August, 1873, the GoVernor General in Council is pleased 
to appoint the Commissioner of Ajmer-Merwara for the time being, 
as the officer to whom Marriage Registrars in Native States within the 
Rajputana Agency x [and the District of Abu] shall send the certificates 
mentioned in section 54 of the aforesaid Act. 

[Gazette of India , 1888, Pt. I, p. 479.] 

Delegation to the Agent to the Governor General of 'powers under sec* 

tions 6, 8 and 9. 

No. 3745-1. Bdated the 1st October 1897 .—In exercise of the power 
conferred by section 86 of the Indian Christian Marriage Act, 1872,. 
(XV of 1872), the Governor General in Council is pleased to delegate to 
the Agent to the Governor General in Rajputana the powers and func¬ 
tions given to the Governor General in Council by sections 6, 8 and 9 
of the said Act, as regards the Native States of the Rajputana Agency 
*[and the District of Abu]. 

[Gazette of India , 1897, Pt, I, p. 873.] 

Fees and rules . 

No. 1586-E., dated the 29th August, 1892 .—Printed in Appendix V. 
Indian Arms Act, 1878. 

Exemption of certain persons from certain prohibitions and> directions 
contained in the Act. Rules regarding export of arms and ammu¬ 
nition from and their import into British India . 

No. 829-1-22, dated the 3rd November , 1923. —(The Indian Arms 
Rules, 1924.)—Printed in Appendix XXIII. 

Births, Deaths and Marriages Registration Act, 1886. 

Appointment of —(a) Officers to be Registrars of Births arid Deaths* 
(b) Registrar General for Ajmer-Merwara to he Registrar General 
for Rajputana . 

No. 36-1., dated the 10th September, 1923 1 — In exercise of the powers 
inferred, by Section 13 of the Births, Deaths and Marriages Registrar 

l Inserted bv Notification No. 2224-L R, dated the 1st October, 1917. Gazette 
of India , 1917, Ptv tT)P- 1636. 




States in Rajputana.— (IV.—Orders under Acts of the Governor 37 
General m Council and of the Indian Legislature.) 


tion Act, 1886 (VI o£ 1886), and m supersession of the Notification 
of the Government of India in the Foreign Department No. 2018-1. B., 
dated the 25th September, 1912, the Governor General in Council is 
pleased to appoint the officers named in the first column of the Schedule 
heieto annexed to be Registrars of the Births and Deaths in respect 
of the classes of persons indicated in Section 11, Sub-section (1) clause 
(6) of the said Act;, for the local areas mentioned in the corresponding 
entries in the second column. 

For the purposes of section 24, sub-section (2) of the said Act, the 
Governor General in Council is further pleased to appoint the Registrar- 
General of Births, Deaths and Marriages for Ajmer-Merwara to be 
Registrar-General for the said local areas. 


Officers. 


SCHEDULE. 

Local areas. 


1. The Resident, Jaipur. 


% Medical Officer, Bombay, Baroda 
and Central l ndia Railway, 
Bandikui. 

3. The Assistant Burgeon, Phulera. . 

4. The Assistant Commissioner, North¬ 

ern India Salt Revenue, Sam- 
bhar. 

5. Resident, Western Rajputana 

States, Jodhpur. 

6. The Assistant Commissioner, North¬ 

ern India Salt Revenue, Pach- 
bhadra. 

7. The Assistant Commandant, Mina 

Corps. Erinpura, 

8. The District Magistrate, Abu . 

The Apothecary in Medical charge, 

Abu Road Railway Station. 

10. The Resident in Mewar. . 


11, Officer Commanding, Mewar Rhil 

Corps. 

12. The Political Agent, Eastern Raj- 

pntaaaa States, Bharatpur. 

13, The Political Agent, Haraoti and 

Tonk, Deoli. 

14. The Superintendent, Government 

Railway Police, Ajmer. 

Id. The Political Agent, Southern Raj- 
putdna States. 

16. The Secretary to the Hon’ble the 
Agent to the Governor General, 
Rajputana, Mount Abu. 

[Gazette of India, 


The Jaipur Residency, excepting the lands 
herein declared to constitute separate 
local areas. 

Bandikui Railway Station and the ad¬ 
joining railway lands. 

Phulera Railway Station and the adjoin¬ 
ing railway lands. 

Sambhar and the lands within the juris¬ 
diction of the Assistant Commissioner, 
Northern India Salt Revenue, Sam¬ 
bhar. 

The Western Rajputana States Residency 
exoeptmg the lands herein declared to 
constitute separate local areas. 

The lands within his jurisdiction. 


Erinpura Cantonment. 

Mount Abu. 

Abu Road Railway Station and the ad¬ 
joining railway lands. 

The Mewar Residency except the land 
herein declared to constitute separate 
looal area. 

The Cantonments of Kherwara and Kotra, 

The Eastern Rajputana States Agency. 

The Haraoti and Tonk Agency. 

The Stations on the Rajputana-Malwa 
Railway in Rajputana not specially 
mentioned above. 

The States of Banawara, Dangagpur and 
Parfcabgarh and Kufcfealgarti Cm&firinp* 

The States of Bikaner, [and liroEy*. 

i>23, Ft, I, p. 1804.] 





38 States in Rajputana.— (IV.—Orders under Acts of the Governor 
General in Council and of the Indian Legislature.) 


Rules. 

No. 1173 , dated the 19th July, 1888. —Printed in Appendix VI. 

Indian Foreign Marriage Act, 1903. 

Fees. 

No. 341, dated the 11th August, 1904. —Printed in Appendix VII. 
Indian Extradition Act, 1903. 

Offences under the Criminal Tribes Act, declared to be extradition offences. 

No. 4806-1. B., dated the 17th November, 1919. —Printed in Appen¬ 
dix VIII. 

Desertion from certain units of Indian State Forces declared to be an 

extradition offence. 

No. 405-1.) dated the 30th June, 1928. —Printed in Appendix VIII. 

Additional extradition offence in the case of the Bikaner State. 

No. 920-1. B., dated the 1st April, 1920 —In exercise of the powers 
conferred by the First Schedule of the Indian Extradition Act, 1905 
(XV of 1903), the Governor General in Council is pleased to declare 
the offence of enticing or taking away or detaining with criminal intent 
a married woman, as defined in section 498 of the Indian Penal Code, 
to be an extradition offence within the meaning of the Indian Extradi¬ 
tion Act, 1903, in the case of the Bikaner State. 

[Gazette of India, 1920, Pt. I, p. 590.] 

Rules under the Act , except in areas under British jurisdiction. 

No. 1862-1. A.* dated the 13th May , 1904. —Printed in Appendix 
VIII. 


Oode of Civil Procedure, 1908, 

See Orders relating to Courts infra. 

Indian Army Act, 1911. 

Provisions applied to the Mewar Bhil Corps. 1 

No * 2896-1. Bdated the 31st AugVfSt, 1920 .— In exercise of the 
power conferred by section 5 (/) of the Indian Army Act, 1911 (VIH 

1 For orders under the Act as applied, see infra, pp. 65 to 68; 




States in Rajputana.—(7V. —Orders under Acts of the Governor gy 
General in Council and of the Indian Legislatvre .) 


of 1911), as subsequently amended, and in supersession of the notifica¬ 
tion of the Government of India in the Foreign Department, No. 2708- 
I. A., dated the 28th December, 1913, the Governor General in Council is 
pleased to apply to the Mewai* Bhil Corps the provisions of the said Act. 
with the exception of section 6 (1) (a), section 12 (2) (so far as it relates to 
general service), sections 18, 23, 24, 28 (c), 53 (3), 57, 58, 59, GO, 61, 
62 and 63, sections 72 and 74 (so far as they relate to summary general 
courts-martial), and sections 77, 78, 79, 80, 81, 87, 98, 99A and 121. 

[Gazette of India , 1920, Pt. I, p. 1707.’] 

Provisions applied' to the Mina Corps? 

No. 2332-58-Inb ., dated the 13th November , 1022 .—In exercise of the 
power conferred by sub-section (/) of section 5 of the Indian Army Act, 
1911 (VIII of 1911), the Governor General in Council is pleased to 
apply to the Mina Corps the provisions of the said Act with the excep¬ 
tion of clause (a) of sub-section ( 1) of section 6, sub-section (2) of sec¬ 
tion 12 (so far as it relates to general service), sections 18, 23, end 
24, clause (c) of section 28, sub-section (3) of section 53, sections 57, 68, 
59, 60, 61, 62 and 63, sections 72 and 74 (so far as they relate to 
summary General Courts-Martial) and sections 77, 78, 79, 80, 81, 87, 
98, 99A and 121. 

[Gazette of India , 1922, Pt. I, p. 1342.] 


"Exercise of powers in maintaining discipline over the Mewar Bhil Corps . 

JNo. 2700-1. Adated the 28th December , 1911 .—In exercise of the 
power conferred by section 5 (2) of the Indian Amy 4 C *> ^11 (VIII 
of 1911), the Governor General in Council is pleased to direct that in 
maintaining discipline over the Mewar Bhil Corps, as reconstituted 
under the ^notification of the Government of India in the Army Depart¬ 
ment, No. 192, dated the 20th March 1908, the jurisdiction, powers 
and duties of a district court-martial and of officer commanding the 
district Or brigade shall be exercised or performed by the Resident in 
Mewar, of a general court-martial or the General Officer of the Army 
or Division by the Agent to the Governor General in Rajput&na, and 
of the Goinmander-m-Ohief in India by the Governor General in Council 

* # * m * *4 

[Gazette bf India, 1911, Pt, 1, p. 1198.3 

1 For orders under the Act Mi applied, «e« infra, pp. 05 to 68, 

* For similar notification regarding tne Mina Corps, see form, p, 68. , 

* Oai»nToJIndia, 1008 , FtTI, p m : 

* Cancelled notification. 




40 States in Eajptttana. — {IV.—Orders under Acts of the Governor 
General in Council and of the Indian Legislature.) 


Indian Lunacy Act, 1912. 

Reception and detention in Asylums in British India of lunatics f rom 

Rajputana States . 

l No. 2760-G., dated the 11th November, 1919 .—In exercise of the 
powers conferred by section 99 of the Indian Lunacy Act, 1912 (IY of 
1912), the Governor General in Council is pleased to make the follow¬ 
ing rules, regulating the procedure for the reception and detention in 
Asylums in British India, of lunatics whose reception and detention are 
provided for by section 98 of the said Act. 

1- All costs involved by the detention of any lunatic, who is a subject 
of a State in India, shall be chargeable to the State concerned. 

2. In the event of non-payment of sums due under the preceding 
rule on account of the detention of any lunatic, such lunatic shall 
be liable to discharge from the asylum, if three of the visitors of the 
asylum by order in writing so direct. 

3. Lunatics detained under these rules, who are subjects of any of 
the States mentioned in the first column of the following table, may 
be detained in the asylum, or one of the asylums, mentioned opposite 
thereto in the second column. 


Table. 


Name of State. Name of Asylum. 

Bajputana. 


Banswara ..... 
Bharatpur .... 

Bikaner . *. 

Bundi . 

Dungarpur .... 

Karauli .... 

Kishangarh .... 

Kotah . 

Kushalgarh (Chiefship) . 

Marwar ..... 

Mewar ..... 

Partabgarh .... 

Phahpura (Chiefship) 

Sirohi ; 

Toxrk . . * 

[Gazette of India, 


Lunatic Asylum, Agra. 

Lunatic Asylums, Agra and Lahore. 
Lunatic Asylums, Agra and Lahore. 
Lunatic Asylums, Agra and Lahore. 
Lunatic Asylum, Agra. 

Lunatic Asylums, Agra and Lahore. 
Lunatic Asylums, Agra and Lahore. 
Lunatic Asylum, Agra. 

Lunatic Asylum, Agra. 

Lunatic Asylum, Lahore. 

Lunatic Asylum, Agra. 

Lunatic Asylum, Agra, 

Lunatic Asylum, Agra, 

Lunatic Asylum, Agra, 

Lunatic, Asylums, Agra and Lahore, 

1919, Pt. I, p. 2199.] 


x Oh Notification No. 2759-Gh, dated the 11th November, 1919. Printed, infra. 
p. 43. 







states in Rajput an a.— {IV.—Orders unden Acts of the Governor 41 
General in Council and of the Indian Legislature.) 


Official Trustees Act, 1913. 

Inclusion of States in Rajputana in the Presidency of Bombay and the 
Province of the United Provinces for purposes of the Act. 

No. 1450-D., dated the 19th March , 1914 .—Printed in Appendix 

XII. 

Administrator General’s Act, 1913. 

Inclusion of States in Rajputa/na in the Presidency of Bombay and the 
Province of the United Provinces for purposes of the Act. 

No. 1449-D.y dated the 19th March , 1914 .—Printed in Appendix 

XIII. 

Eaercise of the powers and duties of a District Judge under the Act. 

No. 3642-1., dated the 27th August 1891 .—Printed in Appendix 
XIII. 





States in Rajputana.— (F. —Local Laws.) 


43 


V.—Local Laws . 1 

Orders for the detention in Asylums in British India of lunatics from 

Rajyutana States . 

2 No . 2759-G., dated the 11th November, 1919 .—Whereas jurisdic¬ 
tion to make an order for the detention of any of their subjects who 
are, or who may hereafter become, lunatics has been transferred to the 
•Governor General in Council by the Durbars of the States named in 
the accompanying schedule. 

Wow, therefore, the Governor General in Council, in exercise of the 
powers conferred by the Indian (Foreign Jurisdiction) Order in Council, 
1902, and of all other powers enabling him in this behalf, is pleased 
to prescribe the following procedure for observance by Political Officers 
in connection with the making of orders and warrants for the detention 
of lunatics from the said States in Asylums in British India. 

1. In the case of a criminal lunatic, in respect of whom an order 
or warrant for detention in an Asylum has been made or issued by a 
court established under the authority of the Durbar of any of the said 
States, the Political Officer may, on application by such Durbar, en¬ 
dorse such order of warrant of execution in an Asylum in British India. 

2. In the case of any other lunatic in respect of whom an application 
to that effect has been made by any such Durbar, the Political Officer 
may make an order for the detention of such lunatic in an Asylum in 
British India. 

The notification by the Government of India in the Foreign De¬ 
partment, No. 1524-1. A., dated the 28th April, 1905, is hereby cancelled. 


Schedule . 


Name of State. 
Bajputana . 

Banswara 

Bharatpur 

Bikaner 

Bundi* 

Dungarpur 

fcarauli # 

Kishangarh 

Kotah . , . , 


Designation of Political Officer, 


Political Agent, Southern States of Raj- 
putana. 

Political Agent, Eastern States of Raj- 
put&na. 

Resident, Western States of Rajputana. 

Political Agent, Haraoti and Tonic. 

Political Agent, Southern States of Raj- 
put$tna. 

Political Agent, Eastern States of Raj- 
putana. 

Resident, Jaipur, 

Political Agent, Kotah and Jhalawar, 


* For other koc%l Laws mads under the Indian (Foreign Jurisdiction) Order in 
Oounml, M08., see Orders relating Do Courts, infra. ' 

£ *£,. Notification No. 2760-0., dated the 11th November, 1 1019. Printed, supra, 

xv 


O 



44 


States in Rajputana.— (F .—Local Laws.) 


Name of State. 
Kushalgarh (Cluefsiiip) . 

Marwar . 

Mewar. 

Partabgarh. 

Shahpura (Chiefship) . 

SiroM. 

Tonk . 

[Gazette of India , 


Designation of Political Officer. 

Political Agent, Southern States of Raj- 
putana. 

Resident, Western States of Rajpntana. 
Resident, Mewar. 

Political Agent, Southern States of Raj- 
putana. 

Political Agent, Haraoti and Tonk. 
Resident, Western States of Raj putana. 
Political Agent, Haraoti and Tonk. 

1919, Pt. I, p. 2199.] 


Sambhar Lake Rules . 

No. 4, dated the 1st January , 1871 .—The following rules are made in 
pursuance of tlie Treaty 1 concluded by tbe British Government on 7th 
August, 1869, with the Maharaja of Jaipur, and the Treaties 2 con¬ 
cluded on 22nd November, 1869, and 18th April, 1870, with the Maha¬ 
raja of Jodhpur regarding the Sambhar Salt Lake: — 

They shall extend to the territory mentioned in the fourth Article 
of each of the said Treaties and demarcated in manner hereinafter men¬ 
tioned : 

And they shall come into force on (h<* i si day of Lummy 1871: — 

I. The Commissioner of Inland Customs, the s [General Manager, 
Raj putana Salt Sources] for the time being in charge of the Customs 
Department at the Sambhar Lake, and such other subordinates of the 
Department as the Commissioner may from time to time, by writing 
under his hand, empower in that behalf, are charged with all arrange¬ 
ments connected with the manufacture, storage and transport of salt, 
and also with supervising in every respect the enforcement of those rules. 

II. The said territory shall be demarcated by a line of frontier marks 
laid down by officers of the British Government, in concert with the 
officials of the Jaipur and Jodhpur Governments. This line of demar¬ 
cation may be referred to in 'English official documents as “ the outer 
line,” and in vernacular documents as Utte ioyam. 

III. An inner line of demarcation shall be laid down, under authority 
of the British Government, at such distance from the high-water mark 
of the Lake as may be found convenient. The town of Sambhar and 
all other hamlets lying within the outer line of demarcation, as well a* 
wells, tanks, temples, habitations and other places to which the general 
public have any need of access, shall, so far as may be practicable, bo 

1 Treaties, VoL Ill, Bd. 1909, p. 112. 

* BubstituW by Notification^o. 25,’ dated the 21st August, 1926. Gazette of 
laata, 1926, Pt* 1, p. 922. 


States in Rajfutana.— (V. — Local Laws.) 


45 


excluded from this inner line of demarcation, which may he referred to 
in English official documents as “ the inner line ” and in vernacular 
documents as line aval . 

1Y. Within the said territory no person, other than a person duly 
authorized in this behalf, shall manufacture salt. 

V. Within the inner line no person, other than a person authorized 
by a certificate in writing from the proper officer, shall have in his 
possession, or shall store or transport, any salt. 

VI. Between the inner and outer lines no persons, other than a 
person duly authorized by a certificate in writing from the proper officer, 
shall have in his possession, or shall store or transport, any salt exceeding 
twenty seers British weight. 

VII. Subject to the provisions contained in Rule X any officer of the 
Inland Customs Department may seize any salt which, in contravention 
of these rules, is in process of manufacture, in transit, or in possession 
of any persons. 

VIII. Any officer of the said Department, having reason to think 
that any person is in possession of salt in contravention of these rules, 
may, within the limits aforesaid, search such person and seize the salt 
(if any) found in his possession. 

IX. Any officer of the said Department, having reason to think 
that contraband salt is contained in any conveyance or package, may, 
within the limits aforesaid, search such conveyance or package and seize 
the salt (if any) found therein. 

X. If any officer of the said Department not of lower grade than 
1 [Superintendent] shall have reason to think that salt is, in contraven¬ 
tion of these rules, stored in any building used as a dwelling-house or 
as a place for worship, or for the custody of property, or in any en¬ 
closed place adjoining to, and used with, such building within the 
aforesaid limits, he shall, after recording in writing, for the informa¬ 
tion of his superiors, the grounds for his belief, first obtain the aid 
of any official whom the State authorities of the joint jurisdiction of 
the Governments of Jaipur and Jodhpur, if the building or place be 
within the limits described in Article 4 of the Treaties of 7th August* 
and 22nd November, 1869, or whom the State authorities of Jodhptir, 
if the building or place be within the limits described in Article 4 of 
the Treaty of 18th April, 1870, may, at his request, depute for the 
purpose, and shall, in presence of such official, proceed to the said 
house or place and summon its owner, or any person residing in or in 
charge of such house or place, to deliver tip to him all salt then in his 
possession, or within the said house or place. If such owner or person 

. 1 Substituted by Notification No. 25, dated the 21st August, 1928. Ornette of 
India, 1920, 1, p, 922. 

* c 2 ' 



46 


States in Eajptjtana.— (V.—Local Laws.) 


shall refuse, or within reasonable space of time shall fail, to produce- 
such salt, the Customs officer, after giving due notice that all females 
may withdraw from the premises, and allowing reasonable time and 
facilities for withdrawing, may enter and proceed to search the same, 
using such force as may be necessary to attain ihese objects and may 
seize all contraband salt found therein: 

Provided that in cases in which the customs officer aforesaid may have 
reasonable fear that the salt will be removed before he can comply with 
the formalities prescribed in this rule, he may post men to watch the* 
premises and prevent such removal. 

But no search shall take place until all formalities herein prescribed 
have been complied with, and no search whatever shall bo made or 
attempted between the hours of sunset and sunrise. 

XI. For all purposes connected with the enforcement of those rules, 
as well as with the prevention and punishment of breaches thereof, and 
offences on the part of British subjects within the jurisdiction of the 
Sambhar Lake Court, all officers of the said Department stationed there* 
shall he deemed to he officers of Police, and shall respectively exerciser 
the powers hereinafter mentioned, and be guided bv the laws regulat¬ 
ing the conduct of the Police for the time being in force in the district 
of Ajmere. The powers with which the officers shall be invested are¬ 
as follows: — 

The 1 [General Manager and Assistant Commissioners] of Customs 
shall have the powers of a District Superintendent of Police; 

Officers of a grade not lower than that of ’[Superintendent] shall 
have the powers of a Police-officer in charge of a station; 

Other officers shall have the powers of a Police-constable. 

XII. For the purposes of the last preceding rule, breaches of these- 
rules shall be deemed to be offences for which, under the Code of 
Criminal Procedure, the Police may arrest without warrant, and all 
procedure, except as hereinbefore laid down, shall be regulated accord¬ 
ingly- 

XIII. Whoever breaks any of the foregoing rules shall, for the first 
offence, be punishable, on conviction, with fine pot exceeding two hundred 
rupees, or with rigorous or simple imprisonment for a term which may 
extend to six months, or with both; 

and shall for the second and every subsequent offence, be punishable 
on conviction, with fine not exceeding one thousand rupees, or with rigor* 
eus or simple imprisonment for a tern which may extend to two years* 
or with both: , 

y—i U ppi. mu .. . .. - I I 1. 1 . .| II,li. HMInH .fc ... . . . . > . .I » M »^i Tr i l n. p,I I I, 

, * Jy Ndfci&o&tian No. 25, dated the 31st August, 1936. Gazette of 

Inma t 1936* Ft. I; p. 923* 




States in Rajputana — (F .—Local Laws.) 


47 


Provided that all sentences tinder the second paragraph of this rule 
shall, before being executed, be referred to the Governor General’s Agent 
for Rajputana for confirmation or such modification as he thinks jit. * * l 

XIY. Whoever, within the said limits, voluntarily obstructs any 
servant of the British Government in the discharge of his functions 
as such shall be liable to punishment other than whipping as for a breach 
of these rules. 

XY. Any servant of the British Government who shall, without 
reasonable ground of suspicion, or vexatiously and unnecessarily, make 
or cause to be made, any search or seizure on the pretence of enforcing 
these rules, or who shall commit any other excess not required for the 
execution of his duty, shall be liable to punishment other than whipping 
as for a breach of these rules. 

XYI. Whoever abets, within the meaning of the Indian Penal Code 
any offence made punishable by these rules, shall be punished with the 
punishment other than whipping hereinbefore provided for such offence. 

XYII. Nothing herein contained shall he deemed to affect the powers 
conferred on the Governor General’s Agent for Rajputana by the Noti¬ 
fication of the Foreign Department, No. 505 (Political), dated the 18th 
M&reh 1870. 

XYIII. Government reserves the right of adding to, or altering, these 
rules as may from time to time be found advisable. 

[Gazette of India, 1871, Pt. I, p. J6.] 

Didwana and Pack bhadra Kales. 

No. 3564-Exc., dated the 10th June, 1905 .—The following rules are 
made in pursuance of the 3 Agreement concluded by the British Go¬ 
vernment on the 18th of January, 1879, with the Maharaja of Jodhpur 
regarding the lease to the British Government of the Salt Sources of 
Pachbhadra, Didwana and Phalodi, and the Luni Salt Tract. 

They shall apply to the Salt Sources of Pachbhadra and Didwana 
only, and shall extend to the territory at those sources which has been 
demarcated in the manner provided for in Article Y of the Agreement. 


Romas, 

I. The Commissioner of Northern India Salt Revenue, the 4 [General 
Manage?, Rajputana Salt Sources], and such other subordinates as the 

1 Cancelled by Notification No. 840, dated the 20th April, 1888. Gaiette of 
India, 1888, Pt. I, p. 189. 

* Superseded by Notification No. 2112-P., dated the 2fith September, 1874* 

Printed, infra, p. 58. ' 

* Treaties, VoL XII, Ed. 1909, p. 1§4, _ „ ' ^ 

* Substituted by Notification No. 30, dated the 21st August, 1926. Gazette of 

India, 1926 ? J?t, p. 922. < 




48 


States m Rajttttana.—(7.— Local Laws.) 


Commissioner may from time to time empower in that behalf are charged 
with all arrangements connected with the manufacture, storage, and 
transport of salt, and also with supervising in every respect the enforce¬ 
ment of these Rules. 

II. Within the demarcated territory, no person, other than a person 
duly authorised in this behalf, shall manufacture salt. 

III. Within the said territory no person, other than a person autho¬ 
rised by an order in writing from the proper officer, shall have in his 
possession, or shall store or transport, any salt. 

IY. Subject to the provisions contained in Rule YII, any officer of 
the Northern India Salt Revenue Department may seize any salt which, 
in contravention of these Rules, is in process of manufacture, in transit 
or in possession of any person within the said territory. 

Y. Any officer of the said Department, having reason to believe that 
any person is in possession of salt in contravention of these Rules, may 
within the said territory, search such person and seize the salt (if any) 
found in his possession. 

YI. Any officer of the said Department, having reason to believe that 
salt is contained in any conveyance or package in contravention of these 
Rules, may, within the said territory, search such conveyance or pack¬ 
age and seize the salt (if any) found therein. 

YII. If any officer of the said Department, of not lower rank than 
Assistant Superintendent, shall have reason to believe that salt is, in 
contravention of these rules, stored in any building used as a dwelling 
house, or as a place of worship, or for the custody of property, or in 
any enclosed place adjoining to and used with such building, within 
the said territory, he shall after recording in writing, for the informa¬ 
tion of his superior officers, the grounds for his belief, first obtain the 
aid of any official whom the State authorities of Jodhpur may, at his 
request, depute for the purpose, and shall in presence of such official, 
proceed to the said house or place and summon its owner, or any person 
residing in or in charge of such house or place, to deliver up to him 
all salt then in his possession, or within the said house or place. If 
such owner or person shall refuse, or within a reasonable space of time 
shall fail, to produce such salt, the officer of Northern India Salt 
Revenue, after giving due notice that all females may withdraw from 
'the premises, and allowing reasonable time and facilities for withdraw¬ 
ing, may enter and proceed to search the house or place, using such 
force as may be necessary to attain these objects, and may seize all con¬ 
traband salt found therein: 

Provided that in cases in which the officer Of Northern India Salt 
Revenue may have reasonable cause for apprehension that the salt trill 


States in Rajputana.— (T r .—Local Laws.) 


49 


be removed before he can comply with the formalities prescribed by this 
Rule, he may post men to watch the premises and prevent such removal : 

But no search shall take place until all formalities herein prescribed 
have been complied with, and no search whatever shall be made or 
attempted between the hours of sunset and sunrise. 

VIII. For all purposes connected with the enforcement of these 
Rules, as well as with the prevention and punishment of breaches thereof, 
and offences on the part of British subjects within the jurisdiction of 
the Courts of the salt Sources of Pachbhadra and Didwana, all officers 
of the Northern India Salt Revenue Department stationed at those 
sources shall be deemed to be officers of Police, and shall, respectively, 
exercise the powers hereinafter mentioned, and be guided by the laws 
regulating* the conduct of the Police for the time being m foice in the 
district of Ajmer. The powers with which such officers shall be invested 
are as follows: — 

[The General Manager, Rajputana Salt Sources] 1 shall Lave the 
powers of a District Superintendent of Police; 

Officers of a rank not lower than that of Assistant Superintendent shall 
have the powers of a Police Officer in charge of a station; 

Other officers shall have the powers of a Police Constable. 

IN. For the purposes of the last preceding Rule, broaches of these 
Rules shall be deemed to be offences for which, under the Code of 
♦ Criminal Procedure, the Police may arrest without warrant, and all pro¬ 
cedure, except as hereinbefore laid down, shall be regulated accordingly. 

X. Whoever contravenes any of the foregoing Rules shall be punish¬ 
able on conviction with fine not exceeding two hundred rupees, or with 
rigorous or simple imprisonment for a term which may extend to six 
months or with both. 

XI. Whoever, within the said territory, voluntarily obstructs any 
servant of the British Government in the discharge of his functions as 
such, shall be liable to punishment as for a breach of these Rules. 

XII. Any servant of the British Government who shall, without rea¬ 
sonable ground for suspicion, or vexatiously and unnecessarily make, or 
cause to be made, any search or seizure on the pretence of enforcing 
these Rules, or who shall commit any other excess not required in the 
execution of lus duty, shall be liable to punishment as for a breach of 
these Rules. 

XIII. # Whoever abets, within the meaning of the Indian Penal Code, 
any offence made punishable by these Rules, shall be punished with the 
punishment hereinbefore provided for such offences. 

[Gazette of India, 1906, Pt. I, p. 429. j 

1 Substituted by Notification Np, 30, dated the 21st August, 1926. Gazette of 
India, iSfefl, Ft. I, p. 922. 




50 


States in Rajt?otana. — (V.—Local Laws.) 


Rules to regulate the through traffic system from Sambhar 9 Didwana 

and Paohbhadra . 

No. 547-Eac., dated the 25th January , 1905 .—In exercise of the 
powers conferred by section 28 of tlie Indian Salt Act, 1882 (XII of 
1882), and by the Indian (Foreign Jurisdiction) Order in Council, 1902, 
and in pursuance of the agreement 1 made with the Chief of the State 
of Jaipur, dated the 7th August, 1869, and the agreements 2 made with 
the Chief of the State of Jodhpur, dated the 27th January, 1870, and 
the 18th April, 1870, and 18th January, 1879, which provide for the 
lease to the British Government of the Salt Sources of Sambhar, 
Didwana and Pachbhadra within the said States, the Governor General 
in Council is pleased to make the following rules to regulate the receipt 
from the public and the acceptance by the Assistant Commissioners of 
Salt Revenue at Sambhar, 3 Pachbhadra and Khewrah 4 of indents for 
the supply of salt under the system called “ the through traffic system ,’* 
and the transmission of such salt direct by rail to the station named 
by the applicant. 

II. Notifications No. 3883, dated the 26th July, 1889, No. 1308, 
dated the 28th ’March, 1890, and’No. 3689, dated the 19th June, f903, 
by the Government of India in the Finance and Commerce Depart¬ 
ment, are hereby cancelled. 


Roles. 

1. The salt shall be issued as uniform in quality as possible, but 
no selection shall be allowed. 

2. (I) The applicant for salt shall 5 * * * pay into any autho¬ 

rised treasuiy or sub-treasury, or into any post office which has been 
specially appointed in this behalf by the Director General of the Post 
Office of India, or into any station of the Great Indian Peninsula (Indian 
Midland) e [or the Gwalior Light] Railway which has been specially 
appointed in this behalf by the General Traffic Manager °[or the 
Manager] of the said Railways with the concurrence of the Commis¬ 
sioner of Northern India Salt Revenue, 7 [the charges specified in 
.sub-rule (3)]. 

When 7 [the aforesaid charges] are paid into a post office a fee of 
two annas per one hundred rupees upon the amount thereof (subject 


1 Treaties, Vol. Ill, Ed. 1909, p. 112. 

* Treaties^ Vol. Ill, Ed. 1909, pp. 179-195* r 

* The Assistant Commissioner, Sambhar, is also in charge of Didwana. 

* Depot of the Mayo Mme in the Pina Dadan Khan tahsil, Jhelum District, 
Punjab. 

/Omitted by Notification No. 6830-Gb, dated the 16th June, 1917. Gazette of 
Indux, 19X7, Pt. I ; p. 1077. 

* Inserted by ditto. 

*Stibfffatute&by Notification No. M.-188-21, dated the 24th July, 1920. Gazette 
of India,, 1915, Pt. I, p. 611. 




51 


States in Rajputana.—( V.—Local Laws .) 

to a minimum fee of ten annas in respect of each application) shall 
be paid at the same time. 

(2) Forms of indents or applications for salt shall be issued free of 
charge. 

1 (3) The charges referred to in sub-rule (1) are the duty and price 
at the rates respectively fixed and in force on the day when 2 * * * ' 

payment is made as aforesaid, the price including the cost of the 
salt and all charges made in connection with bagging, weighing, load¬ 
ing or despatching it. 

8 (4) If, subsequently and prior to the despatch of the salt to the 
consignee, any alteration in the rates of duty or prico, or both, specified 
in sub-rule (3), shall come into force, the duty and price in respect 
of such salt shall become payable at the rates so altered. The amount,, 
if any, that may thereby become due in addition to the amount already 
2 * * * * paid under sub-rule (1) shall be 2 * * * * paid by 
the applicant in the same manner as before, or otherwise as prescribed 
in that sub-rule, prior to the despatch of the salt, provided that payment 
shall only be made into a station of the Great Indian Peninsula (Indian 
Midland) 4 [or the Gwalior Light] Railway if the payment under sub¬ 
rule (1) has been made into the same station. If payment is made 
into a post office, a fee at the rate and subject to the minimum pre¬ 
scribed in the same sub-rule shall be paid at the same time. The 
amount, if any, that may have been 2 * * * * paid by the appli¬ 
cant in excess of the payment due under the altered rates shall be re¬ 
funded as directed in sub-rule (3) of rule 4. 

3. (1) When payment is made into a treasury or sub-treasury, the 
office receiving the money shall give the person tendering it a receipt, 
and shall by the same day's post despatch advice of the receipt to the 
Assistant Commissioner of Salt Revenue by whom tbe salt is to be 
supplied. 

(2) When payment is made into a Station on the Great Indian 
Peninsula (Indian Midland) 4 [or the Gwalior Light] Railway, the 
Station Master receiving the money shall give the person tendering a 
receipt, and shall at once send a copy of the receipt through the Cashier 
to the Audit Office of the Railway, and the copy of the receipt so sent 
shall be forwarded (duly countersigned by or on behalf of the Chief 
Auditor # 4 [or Traffic Auditor as the case may be]), as an advice, to 
the Assistant Commissioner by whom the salt is to be supplied 

1 Substituted by Notification No. 4032-Salt, dated the 24th April, 1915. Gazette 
of India,. 1913, Ft. I, p. 611. 

* Omitted by Notification No. 6830-G., dated the 16th Lane, 1917. Gazette of 
India, 1917, Ft. I. p. 1077, A 

M * Added by Notification No. 4632 (Salt), dated the 24th April, 1913. Gazette of 
In&uK 1913, rt. L p. 611. / 

4 inserted by Notification No* 6830-0., dated the 16th June, 1917. Gazette off 
India* 1917, Ft. ,1, p* 1077. 



52 


States in Rajputana.—(7.— Local Laws.) 


(3) When payment is made into a Post Office, 1 [under sub-rule (1) 
of rule 2] the Post Master shall himself transmit the indent to the 
Assistant Commissioner of Salt Revenue by whom the salt is to be 
supplied, advising him at the same time of the receipt of the sum paid 
by the applicant for the salt. 2 [When payment is made under sub¬ 
rule (4) of rule 2, an advice of the payment shall be sent to that officer]. 

4. (1) Indents or applications for salt, 3 * * * * supported by 
receipts granted by Treasury Officers or Station Masters on the Great 
Indian Peninsula (Indian Midland) 4 * [or the Gwalior Light] Railway 
** * * * shall be sent by post in a registered cover to the Assistant 
Commissioner of Salt Revenue by whom the salt is to be supplied. 

(2) Pull and accurate particulars shall be given in the indent or 
application as to the destination of the salt, the bags in which it is to 
be sent, the route by which it is to be despatched 4 [if otherwise than 
by the cheapest route] and the person or persons to whom it is to be 
consigned and to whom the railway receipt is to be sent. 6 [If the 
lates are the same by two or more routes the applicant may either 
specify the route by which he desires the salt to be sent or leave it to 
the Railway Authorities at the station of despatch to select the route]. 

e (3) The Assistant Commissioner shall compare the receipt accom¬ 
panying an indent or application with the advice from the receiving 
officer and shall satisfy himself that it is correct and in order 3 * * * * 
He shall also satisfy himself at the time of the despatch of the salt 
that all charges due thereon under rule 2 have been paid. He shall 
then cause the salt be despatched, freight unpaid, to the consignee 
and shall send the railway receipt by post to the consignee or other 
person who may have been specified in the indent or application. 7 [He 
shall thereafter cause to be refunded to the applicant any excess pay¬ 
ment due to him under sub-rule (4) of rule 2], 

5. The salt indented for shall be weighed, filled into bags, and 
loaded into the railway waggons without any further charges than those 
specified in rule 2. 

6. (2) Persons indenting for salt must provide bags in sufficient 
number, and must see— 

(a) that the bags are legibly and accurately marked and con¬ 
signed to the Assistant Commissioner of Salt Revenue by 


1 Inserted by Notification No. 4632 (Salt), dated the 24th April, 1915* Gazette 
of India, 1915, Pt. I, p. 611. 

* Added by ditto. 

* Omitted by Notification No. 6830-G., dated the 16th June, 1917. Gazette of 
India. 1917, Pt. I, p. 1077. 

4 Inserted by Notification No. 6830-G., dated the 16th June, 1917. Gazette of 
India, 1917, Pt. I, p. 1077. 

* Added by ditto. 

* Snbfftefrnfed by Notification No. 4682 (Salt), dated the 24th April, 1916. 

Gazette o/India, 1915, Pt. I. p. 611. " 

l Substituted by Notification No. 6830-G., dated the 16th June, 1917. Gazette 
ct India, 1917, Pt. I, p. 1077. 




States in Rajputana.—(T 7 . —Local Laws.) 


53 


whom the salt is to be supplied, and that the railway 
receipt for the bags is posted to him; 

(6) that all charges on the bags are fully paid; and 

( c ) that the bags are sufficiently strong to hold the salt during 
the journey. 

(2) If the conditions prescribed by sub-rule (1) are not complied 
with, the Assistant Commissioner of Salt Revenue may refuse to fill the 
salt into the bags sent. 

7. The consignee shall pay the railway freight and charges of the 
consignment. It must be distinctly understood that the Government is 
responsible only for the due delivery of the salt to the railway, and 
that the railway receipt is a sufficient release to the Government for 
the quantity of salt consigned. 

l [8. ( i ) Subject to the control of the Governor General in Council, 
the Commissioner may, by an order in writing, from time to time regu¬ 
late, restrict or prohibit the receipt of salt revenue in respect of the 
salt sources under his control, and the issue or delivery of salt at those 
sources on behalf of Government. 

{ii) Where an order has been made by the Commissioner in exer¬ 
cise of the powers conferred by sub-rule (i), no revenue shall be received 
and no salt shall be issued or delivered on behalf of Government save 
in accordance with such order, and any payment made in contraven¬ 
tion of such order shall be refunded to the person or persons who made if. 

(?u) The Commissioner may, subject to the control of the Governor 
General in Council, at any time within one month from the date of 
the deposit of any salt revenue in respect of a source under his control, 
refuse to accept such deposit either in whole or in part and in the case 
of such refusal the revenue deposited or such part of it as he may 
order, shall he refunded to the depositor provided that in the case of a 
partial refusal the depositor may claim refund of the whole amount 
deposited.] 

[Gazette of India , 1905, Pt. I, p. 48.] 


Rules for the removal of salt from Sambhar , 


Didwana and Pachlhadra. 


No. 649-Rmc., dated the 26th January, 1906 ♦—In exercise of the 
power conferred by the Indian (Foreign Jurisdiction) Order in Council, 
1902, and in pursuance of the agreement 3 made with the Chief of tire 
State of Jaipur, dated the 7th August, 1869, and the agreements 8 made 
with the Chief of the State of Jodhpur, dated the 27th January, 1870, 


1 Substituted by Notification No. M.-183-21, dated the 24th July, 1920. Qg,zett* 
Of India, 1920JPt. L p. 1426. 

* Treaties, Vol. & 1909, p. 112* 

• TteoW, Vol. Iff, »d. 1900, >p. 179—195. 




54 


States in Rajputana.— (V —Local Laws.) 


the 18th April, 1870, and the 18th January, 1879, which provide for the 
lease to the British Government of the Salt Sources of Sambhar, 
Didwana, and Pachbhadra within the said States, the Governor Gene¬ 
ral in Council is pleased to declare that rules 12 to 29 (inclusive) of 
the rules made bythe Governor General in Council in exercise of the 
powers conferred by the said Indian Salt Act, 1882 (XII of 1882), 
and published with the 1 notification of the Government of India in the 
Finance and Commerce Department, No. 1892, dated the 27th June, 1884, 
as amended by notification No. 541-Exc., of this date, 2 [or any subse¬ 
quent notification], shall, so far as they can be made applicable, apply 
to salt manufactured in and sold at or removed from any of the said 
Salt Sources. 

[Gazette of India , 1905, Pt. I, p. 49.] 

Duty on salt manufactured at Sambhar , Didwana and Pachbhadra. 

No. 355-343 — hit., dated the 1st March, 1023--In exorcise of the 
powers conferred by the Indian (Foreign Jurisdiction) Order in Council, 
1902, and in pursuance of the agreement 3 made with the Ruler of the 
State of Jaipur, dated the 7th August, 1869, and the agreements 4 made 
with the Ruler of the State of Jodhpur, dated the 27th January, 1870, 
the 18th April, 1870, and the 18th January, 1879, which provide for 
the lease to the British Government of the salt sources of Sambhar, 
Didwana and Pachbhadra within the said States, and in supersession 
of the Notification of the Government of India in this Department 
No. 800-Intl,, dated the 10th April, 1922, the Governor General in 
Council is pleased to declare that, on and after the 1st March, 1928, the 
duty to be paid on salt manufactured at any of the said salt sources 
shall he two rupees and eight annas for each maund of 82* pounds 
avoirdupois. 

[Gazette of India , 1923, Pt. I, p. 187.] 

1 Gazette of India. 1884, Pt. I, p. 246. 

* Inserted by Notification No. 4683 (Salt), dated the 24th April, 1915. Gazette 
of India , 1915, Pt. L p. 611. 

* Treaties, Vol. Ill, Ed. 1909, p. 112. 

‘Treaties, Vol. Ill, Ed. 1909, pp. 179—195. 






States in Rajputana. —(T7Z .—Chdeis relating to Courts.) 55 


VI.—Orders relating to Courts . 1 

British Courts beyond the limits of British India empowered to send 
warrants foi the execution of capital sentences to officers in charge 
of prisons m British India . 

No, 1431-1., dated the 27th Apnl , 1893 ,—Printed in Appendix XIX. 

Criminal law and procedure of British India applicable to British subjects 

in Indian States. 

No. 1S63-1. A., dated the 13th May , 1904 .—Printed in Appendix IV. 

Jurisdiction of the High Courts at Bombay and Allahabad over European 
British subjects m Rajputana States . 

No. 680-JJdated the 26th January , 1917. —Printed in Appendix IV. 

Justices of the Peace to commit for trial to the High Court having 

jurisdiction. 

No. 582-Ddated the 26th January, 1917 .—Printed in Appendix IV. 

Justices of the Peace\nveste,d with powers of Magistrates of the first 
class and to hold inquests. 

No. 3ltt-D., dated the 16th January, 1917 .—Printed in Appendix IV. 

Appointment of Justices of the Peace. 

No. 2761-1dated the 18th September , 1883 .—In exercise of the 
powers conferred by section 6 of Act XXT of 1879 s (the Foreign Jurisdic¬ 
tion and Extradition Act, 1879), the Governor General in Council is 
pleased to appoint the officers holding for the time being the appoint¬ 
ments specified below, being European British subjects, to be Justices of 
the Peace within the territories of Native Chiefs included in the Rajput* 
ana Agency; — 

(i) All Political Agents accredited to Native States within the 
Rajputana Agency. 

• (2) The First Assistant to the Governor Generali Agent.in, R&j- 
putana. 

[Gazette of India , 1883, Pt. I, p< 887.] 

1 Eor facility of reference the Orders relating to Courts in the Sait Sources 
are printed separately, infra, p. 57. 

* 8** new the Indian (Foreign Jnriadiotaon) Order in Council, 1902. Printed 
in Appendix 1. 



56 States in Rajputana. — (VI. — Orders relating to Courts.) 


Criminal jurisdiction of Political Officers m their apolitical charges , 
excluding the Sambhar, Didwana and Pachbhadra Salt Sources , the 
Administered Areas and Railway lands under British jurisdiction. 

No. 2602-1. B ., dated the 19th December , 1912. —Whereas the Gover¬ 
nor General in Council has in certain cases criminal jurisdiction in the 
States in Rajputana. 

In exercise of this jurisdiction and of the powers conferred by the 
Indian (Foreign Jurisdiction) Order in Council, 1902, and of all other 
powers enabling him in that behalf, and in supersession of the notifications 
of the Government of India in the Foreign Department, No. 345-1, J., 
dated the 19th December 1879, and No. 1915-1., dated the 28th May 1884, 
as subsequently amended, the Governor General in Council is pleased to 
issue the following orders with respect to such cases: — 

1. Every Resident and Political Agent accredited to a State in 

Rajputana shall exercise, in respect of such cases occurring 
within the limits of the said State, the powers of a District. 
Magistrate and those of a Court of Session as described in 
the Code of Criminal Procedure, 1898. 

2. In the exercise of the jurisdiction of a Court of Session confer¬ 

red on him by these orders, a Resident or Political Agent 
at his discretion— 

(а) may take cognizance of any offence as a Court of original 

criminal jurisdiction without the accused being commit¬ 
ted to him by a Magistrate and, if so, shaft follow the 
procedure laid down by the Code of Criminal Procedure, 
1898, for the trial of warrant cases by Magistrates; and 1 

(б) in other cases may direct that the trial shall be without jury 

or aid of assessors. 

10 * # * # * 

x [3] The Agent to the Governor General in Rajputana shall 
exercise the powers of a High Court as described in the 
Code of Criminal Procedure, 1898, in respect of all offences 
over which a Resident, a Political Agent or an Assistant 
to a Resident or Political Agent, exercises the jurisdiction 
conferred by these orders, and for the purposes of all other 
criminal proceedings in connection with such cases. Pro¬ 
vided that a person convicted on a trial held by a Resident 
or by a Political Agent in the exercise of the powers of 
a District Magistrate may appeal to the Agent to the Gov¬ 
ernor General within thirty days from the date of the 
conviction. 

1 Omitted and re-numbered by Notification No. 334-1., dated the 16th May* 
1929. Gazette of India, 1929, Pt. I, p. 722. 



States in Rajputana. — (VI.—Orders relating to Courts.) 57 


x [4] These orders apply to all proceedings except proceedings 
against European British subjects or persons jointly charged 
with European British subjects: but nothing therein shall 
be deemed to expend to— 

{a) the Salt Sources of Sambhar, Didwana and Pachbhadra, 

(6) x [the District of Abu, including the road leading from Abu 
to Abu Road Railway Station and to Kharari,] 

(c) any railway lands in Rajputana over which jurisdiction is 

exercised by the Governor General in Council, 

(d) the Cantonment of Deoli, or 

(e) the Parganas of Todgarh, Diwair, Saroth, Chang, and Kot~ 

Karana. 

(Gazette of India, 1912, Pt. I, p. 1687.] 

Payment of expenses of complainants and witnesses in the Criminal 
Courts of the Rajputana Agency. 

No. 97-Pol. 27, dated the 23rd November, 1927. —Printed infra , 
page 148. 

Jurisdiction of Criminal Courts of Indian States over Indian Officers 
and Soldiers of the Indian Army. 

Letter of the Government of India , No. 1389-1. A ., dated the 18tk 
April, 1905 .—Printed in Appendix XX. 

Service by Courts in British India of summonses of Civil and Revenue 
Courts of States in Rajputana. 

No. 323-1., dated the 15th May, 1929 .—Printed in Appendix XXI-B. 

Service by Civil Courts of States in Rajputana of summonses of Courts 

in British India. 

No. 323-1., dated the 15th May , 1920 .—Printed in Appendix XXI-B* 

Orders relating to Courts in tlie Salt Sources. 

British Courts beyond the limits of British India empowered to send war * 
rants for the execution of capital sentences to officers in charge of 
prisons vft British India. 

No. lUl-1., dated the 27th April, 1893.-— Printed in Appendix XIX* 

Criminal law and procedure of British India applicable to British 
subjects vn Indim States 

No. 1863-1^A., dated Hhe 13th May , 1904 .—Printed in Appendix IV. 

__ ♦ _ i ' . . . - 

1 Re~ntmiber@d end substituted by Notification No. 384-1., dated tbe 15th May, 
1929. Ornette of India, 1929, Pt. I, p. 722. 


58 States in Rajputana. — (VI.—Orders relating to Courts .) 


Jurisdiction of the High Court at Bombay over European British 

subjects. 

No. 580-Ddated the 26th January , 1917. —Printed in Appendix IV. 

Justices of the Peace to commit to the High Court having jurisdiction. 
No. 582-D ., dated the 26th January, 1917. —Printed in Appendix IV. 


Justices of the Peace invested with powers of Magistrates of the first 
class and to hold inquests. 

No. 319-D., dated the 16th January, 1917 .—Printed in Appendix IV, 


Appointment of Justices of the Peace - 

No. 2761-1dated the 18th September, 1883 .—Printed supra, page 
55. 

No. 2113-P., dated the 25th September, 1874. —With reference to the 
preceding notification, the Governor General in Council, in the exercise 
of the powers vested in him by section 6 of Act XI of 1872 2 (the Foreign 
Jurisdiction and Extradition Act, 1872), hereby appoints the 3 [General 
Manager, Rajputana Salt Sources] for the time being in charge of the 
British Inland Customs Department at the Sambhar Lake, being a 
European British subject, to be a Justice of the Peace within the limits 
of the jurisdiction of the Sambhar Lake Court. * * * * 4 . 

[Gazette of India , 1874, Pt. I, p. 492.] 


Sambhar Lake Court. 


No. 2112-Pdated the 25th September, 1874. —Whereas by notifica¬ 
tions No. 505-P., dated 18th March 1870, and No. 2091-P., dated 
80th November 1870, and in accordance with Treaties made between the 
British Government and His Highness the Maharaja of Jaipur and His 
Highness the Maharaja of Jodhpur, respectively, a Court known as the 
Sambhar Lake Court was established, and the local limits of its jurisdic¬ 
tion were defined; and whereas the powers of the presiding Judge were 
-described by reference to the late Code of Criminal Procedure, Act No, 
XXV of 1861; and whereas the said Act has been repealed and re-enacted 
with amendments by Act No. X of 1872; and whereas it is desirable to 
consolidate the aforesaid notifications, and to describe the powers of 
^the Judge of the said Court with reference to the said Act*X of 1872, 


1 Namely, No. 2112-]?., dated the 25th September, 1874* Printed bn this page. 

* This Act has been repealed, but the notification is kept in force by section $ 

of the Indian (Foreign Jurisdiction) Order in Council, 1902. Printed in Appen¬ 
dix I* t 

* Substituted by Notification No. 27, dated the 21st August 1926. Gazette of 





States in Rajeutana. — (TV.— Orders relating to Courts.) 59 


as amended by Act XI of 1874: In supersession of the aforesaid notifica¬ 
tions, tbe following revised notification is published for general 
information. 

Whereas by a 'Treaty dated the 7th day of August 1869, and made be¬ 
tween the British Government and His Highness the Maharaja of Jaipur, 
and by a Treaty dated the 22nd day of November 1869, and made between 
the British Government and His Highness the Maharaja of Jodhpur, to 
enable the British Government to carry on the manufacture and sale 
of salt at the Sambhar Lake, it was (amongst other things) agreed that 
the Governments of Jaipur and Jodhpur should empower the British 
Government, and all officers appointed by the British Government in 
t6 +hl tbis bebalf > to enter and search, in case of suspi- 
shores of the Sambhar cion, houses and all other places, enclosed or 
otherwise, within the limits noted on the margin,* 
and to arrest and punish with fine, imprisonment, 
confiscation of goods or otherwise all persons 
detected within such limits in the violation of any 
of the rules which may be laid down by the 
British Government in regard to the manufacture, 
sale or removal of salt or the prevention of un¬ 
licensed manufacture or smuggling; and that, 
under the authority of the said Governments of 
Jaipur and Jodhpur, the British Government 
should constitute a Court presided over by a competent officer, who should 
usually hold his sittings within the abovementioned limits for the 
trial, and punishment on conviction, of all persons charged with violations 
of the said rules and regulations, or with offences connected therewith; 
and the British Government was also authorized to cause the confinement 
of any such offenders sentenced to imprisonment either within the afore¬ 
said limits or within its own territories as might seem to it most fitting* 
And whereas, by 3 Treaty dated 18th April 1870, and made between 

bordering 1 the^ shores°ol the British Government and His Highness the 
the Lake throughout 

withm the separate Maharaja of Jodhpur, to enable the British 
jurisdiction^ of Jodh- 

Government to carry on tbe manufacture and sale 
of salt at the Sambhar Lake, the local limits of 
the jurisdiction of the said Court were extended so 
as to include the territories noted in the margin;+ 
and the, existing provisions as to the powers and 
procedure of the said Court were 'applied thereto 
in the exercise of its jurisdiction so extended, 


Lake, including the town 
of Sambhar and twelve 
other hamlets, and com¬ 
prising the whole of the 
territory now subject 
to the joint Jurisdiction 
of the States of Jaipur 
and Jodhpur, and which 
has been demarcated 
under the said Treaties, 
as well as such portions 
of the Lake itself or of 
its dry bed as are now 
under the said joint 
jurisdiction. 


our, including Nawa, 
G-odha and other villages 
and hamlets and 
averaging two miles in 
width measured from 
the high-water limits 
of the Lake, and which 
has been demarcated 
under the said Treaty, 
as well as such portions 
of the Lake itself or of 
its dry bed as are now 
under the exclusive and 
separate jurisdiction of 
Jodhpur* 


yd. §f; $t SSi. I; S' 



60 


States in Rajputana. —("TZ .—Orders relating to Courts .) 


In pursuance of tlxe provisions hereinbefore cited, and under the 
.authority aforesaid, the Viceroy and Governor General of India in Coun¬ 
cil hereby declares— 

First. —The said Court, called the Sambhar Lake Court, shall, not¬ 
withstanding the supersession of the said notifications, continue to be 
established, and all proceedings commenced therein prior to the date of 
this notification shall be carried on in the said Court as if they had com¬ 
menced therein after such date. And all rules and orders in force in the 
said Court immediately before such date shall continue in force (except 
so far as the same are altered hereby) until the same are altered by 
competent authority. 

Second .—The local limits of the jurisdiction of such Court shall be 
the limits aforesaid marginally noted. 

Third. —The 1 [General Manager, Iiajputana Salt Sources] for the 
time being in charge of the British Inland Customs Department at the 
Sambhar Lake, shall be the Judge of such Court. He shall have the 
powers of a Magistrate of the first class under the Code of Criminal Pro¬ 
cedure [Act X of 1872], 2 and also the further powers described in sections 
26, 27 and 28 of the said Code, and he shall have, according to such 
powers, jurisdiction (a) in respect of all offences committed by subjects 
of Her Majesty within the aforesaid limits, and punishable under the 
Indian Penal Code or under any local or special law in accordance with 
sections 7 and 8 and the fourth schedule of the Code of Criminal Proce¬ 
dure; and (6) in respect of breaches of the rules described in Article III 
of the said Treaties or offences connected therewith, when committed by 
any person whatsoever within the aforesaid limits. 

Fourth .—In the investigation and trial of such offences and breaches 
of rules, and in the levy of fines therefor, he shall bo guided by the 
provisions of the Code of Criminal Procedure [Act X of 1872, as amended 
by Act XI of 1874]. 

Fifth .—In all cases in which salt shall be manufactured, carried or 
stored within the said limits in contravention of the rules for the time 
being in force for the regulation of such manufacture, carriage, at 
storage, the said Court is empowered, in addition to any other penalty 
which it is authorized to inflict, to declare the said salt confiscated, and 
dispose of it according to the rules for the time being in force in the 
Department of Inland Customs. 

Sixth.-*- For the purpose of trying offences described in paragraph »3 
(a) preceding, when committed by subjects of Her Majesty within the 
limits of the jurisdiction of the Sambhar Lake Court# the aforesaid 
limits shall be deemed to be a division of the A jmere district. 

-. - - T "' 1 --- - . . . . . . . »■ — . ■. . . .. .... 

* Bubstterted to- Notification No. 26, dated the 21et Attjaurt, 1926- Gmeite of 
India, 1926, Ft. L p. 022. 

* See now, Act V of 1898. 



States in Rajputana. — (VI.—Orders relating to Courts.) 61 


Seventh .—Any person convicted on a trial held by the Sambliar Lake 
Court of a breach, of the rules described in Article III of the said Trea¬ 
ties, or offences connected therewith, and any person aggrieved by pro¬ 
ceedings held under such rules, may petition the Agent to the Governor 
General for the States of Rajputana, who, if he sees fit, may send for the 
record of the case, and may confirm, reverse or modify the sentence, or 
pass any other orders not inconsistent with the rules aforesaid. 

\ Gazette of India 7 1874, Pt. I, p. 491.] 


Didwana Court. 

No. 330-1. dated the 29th December , 1879 .—Whereas by a lr rreaty, 
dated the 18th day of January 1879, and made between the British Gov¬ 
ernment and His Highness the Maharaja of Jodhpur for the security of 
the salt revenue of British India in the event of the abolition of the 
Inland Customs Line, it was (amongst other things) agreed that His 
Highness the Maharaja should extend the provisions of Articles III, V, 
YI, and XVI of the Sambliar Lake Treaty 3 of 1870 to (amongst other salt 
sources) the Didwana Salt Source, so far as they may be applicable; and 
whereas, by Articles III and VI of the said vSambhar Lake Treaty of 1870 
above referred to, it was agreed between the British Government and 
Ilia Highness the Maharaja of Jodhpur that the Jodhpur Government 
should empower the British Government, and all officers appointed by 
the British Government for such purposes, to enter and search, in case 
of suspicion, houses and all other places, enclosed or otherwise, within 
the limits hereinafter defined, and to arrest and punish with fine, im¬ 
prisonment, confiscation of goods or otherwise, any and all persons 
detected within such limits in the violation of any of the rules or regula¬ 
tions which might be laid down by the British Government in regard to 
the manufacture, sale or removal of salt or the prevention of unlicensed 
manufacture or smuggling, and that under the authority of the said 
Jodhpur Government, the British Government should constitute a Court, 
presided over by a competent officer, for the trial and punishment, on 
conviction, of all persons charged with violations of the said rules and 
regulations or offences connected therewith; and that*the British Govern¬ 
ment should be authorized to cause the confinement of any such offenders 
sentenced to imprisonment within the aforesaid limits or elsewhere as 
might seem to it most fitting: , + , 

In pursuance of the provisions hereinbefore recited, and tinder the 
authority aforesaid, the Governor General of India in Council hW^hy 
declares—* 

Fint —A Court, to he called the didwana Salt Sohroe Cduft> it hereby 
established. 

* Treaties, Yd; III, Ed. 19Q9, p. 189. 

* Treaties, Vol. IXT, Bd, 1909, #. 



62 States in Rajputana. — (VI.—Orders relating to Courts.) 


Second .—Tlie local limits of the jurisdiction of such Court shall be 
the limits of the Didwana Salt Source, as they may be demarcated under 
Article V of the said Treaty of the 18th day of January 1879. 

Third. —The ^General Manager, Rajputana Salt Sources] for the 
time being in charge of the British Inland Customs at the Didwana Salt 
Source, shall be the Judge of such Court. He shall have the powers of a 
Magistrate of the second class under the Code of Criminal Procedure, 
with power to commit persons to the Court of Session for offences triable 
by such Court, and he shall have according to such powers, jurisdiction— 

(a) in respect of all offences committed within the said local limits 

by subjects of Her Majesty and punishable under the Indian 
Penal Code, or under any local or special law in accordance 
with sections 7 and 8 and the fourth schedule of the Code of 
Criminal Procedure; and 

( b ) in respect of breaches of the rules from time to time laid down 

by the British Government in regard to the manufacture, 
sale and removal of salt, or the prevention of unlicensed 
manufacture and smuggling, or offences connected there¬ 
with, when committed by any person whatsoever within the 
said local limits. 

Fourth. —In .the investigation and trial of such offences and breaches 
of rules, and in the levy of fines therefor, he shall be guided by the 
provisions of the Code of Criminal Procedure. 

Fifth. —In all cases in which salt shall be manufactured, carried or 
stored within the aforesaid salt source in contravention of the rules for 
the time being in force for the regulation of such manufacture, carriage 
or storage, the said Court is empowered, in addition to any other penalty 
which it is authorized to inflict, to declare the said salt confiscated, and 
dispose of it according to the rules for the time being in force in the 
Department of Inland Customs. 

Siath. —For the purpose of trying offences provided for in paragraph 
3 (a) preceding, the local limits of the jurisdiction of the said Court 
shall be deemed to be a division of the Ajmere district. 

Seventh. —Any person convicted on a trial held by the Didwana Salt 
Source Court of a breach of the rules described in paragraph 3 (6), or 
offences connected therewith, and any person aggrieved by proceedings 
held under such rules, may petition the Agent to the Governor General 
for the States of Rajputana, who, if he sees fit, may send for the record 
of the case, and may confirm, reverse or modify the sentence, or pass any 
other orders not inconsistent with the rules aforesaid. 

[Gazette of India , 1879, Pt. I, p. 820.] 

- . ------ --- -r* 

1 Substituted by Notification No. 29, dated the 21st August, 1926. Gazette of 
India , X926, Pt, I, p. 922. 





States in Rajfctana. — {VI.—Ordeis relating to Courts.) 


Fachbhadia Court. 

No. 342-1. J., dated the 19th December , 1879 .—Whereas by a 
^•Treaty dated the 18th day of January 1879, and made between the 
British Government and His Highness the Maharaja of Jodhpur, for the 
security of the salt revenue of British India m the event of the abolition 
of the Inland Customs Line, it was (amongst other things) agreed that 
His Highness the Maharaja should extend the provisions of Articles III, 
Y, VI and XVI of the Sainbhar Lake Treaty 2 of 1870 to (amongst other 
salt sources) the Pachbhadra Salt Source, so far as they may be applicable; 
and whereas by Articles III and VI of the said Sambhar Lake Treaty of 
1870 above referred to, it was agreed between fche British Government 
and His Highness the Maharaja of Jodhpur that the Jodhpur Govern¬ 
ment should empower the British Government and all officers appointed 
by the British Government for such purposes, to enter and search, in 
case of suspicion, houses and all other places, enclosed or otherwise, 
within the limits thereinafter defined, and to arrest and punish with 
fine, imprisonment, confiscation of goods or otherwise, any and all persons 
detected within such limits in the violation of any of the rules or 
regulations which might be laid down by the British Government in 
regard to the manufacture, sale or removal of salt, or the prevention of 
unlicensed manufacture or smuggling, and that under the authority of 
the said Jodhpur Government, the British Government should constitute 
a Court, presided over by a competent officer, for the trial, and punish¬ 
ment on conviction,' of all persons charged with violations of the said 
rules and regulations or offences connected therewith; and that the British 
Government should be authorized to cause the confinement of any such 
offenders sentenced to iniprisomnent within the aforesaid limits or else¬ 
where as might seem to it most fitting: 

In pursuance of the provisions hereinbefore recited, and under the 
-authority aforesaid, the Governor General of India in Council hereby 
declares— 

First. —A Court, to be called the Pachbhadra Salt Source Court, is 
hereby established. 

Second. —The local limits of the jurisdiction of such Court shall be 
the limits of the Pachbhadra Salt Source, as they may be demarcated 
under Article V of the said Treaty of the 18th day of January 1870. 

Thirds The {i [General Manager, Bajput&na Salt Sources] for the 
time being in charge of the British Inland Customs at the Pachbhadra 
Salt Source, shall be the Jud£e of such Court. He shall have the powers 
of a Magistrate of the second cfass under the Code of Criminal Procedure 

4 Treaties, Vol. HI, Bd, 1909, p, 189. , , , , . ' 

"frmim, Vol, III, Ed, 1909, p. 184. 

* Bubstituted by Notification No. 38, dated the Met August, 1926. QcmtU of 
India, 1920, Ft, I, p. 922. 




64 


States in Rajputana. — (VI.—Orders relating to Courts.) 


with power to commit persons to tine Court o£ Sessions for offences triable 
by such Court, and he shall have, according to such powers, jurisdiction— 

(a) in respect of all offences committed within the said local limits 

by subjects of Her Majesty, and punishable under the 
Indian Penal Code, or under any local or special law in 
accordance with sections 7 and 8 and the fourth schedule of 
the Code of Criminal Procedure; and 

(b) in respect of breaches of the rules from time to time laid down 

by the British Government in regard to the manufacture, 
sale and removal of salt, or the prevention of unlicensed 
manufacture and smuggling, or offences connected there¬ 
with, when committed by any person whatsoever within the 
said local limits. 

Fourth .—In the investigation and trial of such offences and breaches 
of rules and in the levy of fines therefor, he shall be guided by the 
provisions of the Code of Criminal Procedure. 

Fifth .—In all cases in which salt shall be manufactured, carried or 
stored within the aforesaid salt source in contravention of the rules for 
the time being in force for the regulation of such manufacture, carriage 
or storage, the said Court is empowered, in addition to any other penalty 
which it is authorized to inflict, to declare the said salt confiscated, and 
dispose of it according to the rules for the time being in force in the 
Department of Inland Customs. 

Sixth .—Por the purpose of trying offences provided for in paragraph 
3 (a) preceding, the local limits of the jurisdiction of the said Court 
shall be deemed to be a division of a district, of which the Political 
Agent, Marwar, shall be the District Magistrate. Such Agent shall also 
be the Court of Sessions, and the Agent to the Governor General for the 
States of Rajputana the High Court, with respect to such district. 

Explanation .—No appeal lies from any sentence or order passed by 
the Political Agent as District Magistrate. 

Seventh .—Any person convicted on a trial held by the Paehbhadra 
Salt Source Court of a breach of the rules described in paragraph 3 (6), 
or offences connected therewith, and any person aggrieved by proceedings 
held under such rules, may petition the Agent to the Governor General 
for the States of Rajputana, who, if he sees fit, may send for the record 
of the case and may confirm, reverse or modify the sentence, or pass any 
other orders not inconsistent with the rules aforesaid. 

[Gazette of India , 1879, Pt. I, p. 821. 

Payment of expenses of complainants and witnesses in Criminal Courts 

in Rajputana. 

No. 97-Pol. 127., dated the 23rd November, 1927 .—Printed infra, 
page 148. 






States in Rajputana. —(FZZ .—Orders undei Acts allied.) 65 


VII,—Orders under Acts applied. 

Indian Army Act, 1911. 

Exercise of powers in maintaining discipline over the Mina Corps.* 

No. 2333-58-lnldated the 15th November , 1922 .—In exercise of tlie 
powers conferred by sub-section (2) of section 5 of the Indian Army Act, 
1911 (VIII of 1911), as applied 2 to the Mina Corps the Governor General 
in Council is pleased to direct that the officers and authorities mentioned 
in the first column of the subjoined table shall exercise or perform the 
jurisdiction, powers and duties incident to the operation of the said Act 
specified in the second column thereof. 

r I 

The Table . 


Officers and authorises. 

Governor General in Council 
Agent to the Governor General in Raj¬ 
putana. 

Political Agent, Haraoti and Tonk 


Powers and duties. 

Of a Commandor-in-Chief in India. 

Of a General Court-Martial or of an 
Officer Commanding an Army Corps 
or a Division, 

Of a District Court-Martial or of an 
Officer Commanding a Brigade. 


I Gazette of India. 1922, Pt. I, p. 1342.] 

) 

Indian Army Act Rules applied to the Mina Corps. 

No. 2334-58-lnt.i dated the 15th November , 1922 .—In exercise of the 
powers conferred by sub-section (J) of section 113 of the Indian Army 
Act, 1911 (VIII of 1911), as applied 2 to the Mina Corps, the Governor 
General in Council is pleased to direct that the Indian Army Act Rules 
shall, subject to the modifications set forth hereunder, be deemed to be 
rules made under the Act as so applied: — 

(i) For rules 7 and 8 the following rules shall be substituted, 
namely:— 


“ 7. The Commandant of the Mina Corps shall he the enrolling 
officer for the purposes of the Act, 

8. All combatants shall, when reported fit for duty, be attested as 
provided in section 12 of the Act.” 


(ii) In clause (A) of rule 9, in the ‘ Form of oath 9 and the e Form of 
affirmation ’ the words u and go wherever I may be ordered by land w 
sea ” sFall be omitted. 


( iii ) In the Table appended to rule 13, for the words “ Commander- 

in-Chief in India ”, wherever they occur the words ” the Agent to the 

1 For Notification No. 2709-1. A., dated the 28th December, 1911, relating to 
the exercise of powers over the Kewar Bid! Corps, km page 

9 me Notification No. 23#?~58 tut*, dated the Iffoh November, 1922, printed 
topfu, page 39. , ' > 





69 States in Rajptxtana.—( VI7. — Orders i under Acts applied.) 


Governor General in Rajputana 99 shall be substituted, and the entries 
relating to the Indian Subordinate Medical Department shall be omitted. 

(■ iv ) Clauses (B), (C) and (D) of rule 27, rules 28 to 31 and rule 34 
shall be omitted. 

(v) In rule 35— 

(n) for the first paragraph the following shall be substituted, 
namely: — 

<f 35. Swearing or affit motion of Court. —The Court shall make 
oath or affirmation in one of the following forms or in 
such other form to the same purport as may be according 
to its religion or otherwise binding on its conscience 1S , 
and 

(b) in the ‘ Form of oath 7 and in the c Form of affirmation ’ the 

words “ Vote or ” and “ of any particular member ” shall 
be omitted. 

(vi) In rule 36— 

(а) for the first 13 words the following words shall be substituted 

namely: — 

st After the Court is sworn or has made affirmation ”; 

(б) the Forms of oath and of affirmation lettered (A) and (B) shall 

be omitted; and 

(c) in the 4 Form of oath 9 and the c Form of affirmation 9 lettered 

(D), the words “ Vote or 99 and u of any particular mem¬ 
ber 99 shall be omitted. 

( vii ) Rules 49 and 50, clause (B) of rule 55, rules 62 to 64, clauses (C) 
and (D) of rule 70, rules 72 and 73, clause (B) of rule 78, rules 89 to 91, 
clause (A) of rule 132, rules 137 to 151 and rules 160 to 162 shall be 
omitted. 

(viii) In clause (A) of rule 163, for the words “ the Governor General 
in Council 99 the words “ the Agent to the Governor General in Rajput- 
ana 99 shall be substituted. 

(i#) Save as provided in clause (m) above, all references to the Com- 
mander-in-Chief in India shall be read as referring to the Governor 
General in Council, all references to a General Court-Martial or to an 
Officer Commanding an Army corps or a Division shall be read as refer¬ 
ring to the Agent to the Governor General in Rajputana, and all 
references to a District Court-Martial or to an Officer Commanding a 
Brigade shall be read as referring to the Political Agent, Haraoti and 
Tont. 

(#) In the Third Appendix, Forms Nos. 1 and 2 and the “ Form f6r 
Assembling and Proceedings of a Stparhary General C^urt-M^rtiaJ v 
shall h® omitted, and the u Form of Proceedings of Conrts-Martial 99 
shall be subject to such variations as circnmatamoes may require. 

{Gazette of India, 1920, Pt. I, p. 1343.] 



States in Rajputana.— (V11,— Orders unde> Acts applied.) 67 


Indian Army Act Rales applied to Mewar Bhil CorpsA 

No. 3202-1. A., dated the 11th July f 1913. —Xu exercise of tlie powers 
conferred by section 113 of the Indian Army Act, 3911 (VIII of 1911), as 
applied to tbe Mewar Bhil Corps by the notification of the Government 
of India in the Foreign Department, Iso. 2708-1. A., 2 dated the 28th 
December 1931, the Governor General in Council is pleased to direct 
that the Indian Army Act Rules, published with the notification of the 
Government of India in the Army Department, No. 911, dated the 4th 
November 1911, as amended by the like notification No 365, dated the 
25th April 1913, shall be applied to the Mewar Bhil Corps, subject to 
any amendments to which the mles are for the time being subject in 
British India, and subject also to the following modifications, namely: — 

1. For rule 7 the following shall be substituted, namely: — 

“ 7. The Commandant of the Mewar Bhil Corps shall be the 
enrolling officer for the purposes of the Act.” 

2. For rule 8 the following shall 3)e substituted, namely: — 

u 8. All combatants shall, when reported fit for duty, be attested 
as provided in section 32 of tbe Act.” 

3. In rule 9, clause (A), in the “ Form of Oath ” and “ Form ot 
Affirmation ” the words u and go wherever I may be ordered by land or 
sea ” shall be omitted. 

4. In the “ Table ” appended to the rule 13 for the words “ The Gov¬ 
ernor General in 'Council ” wherever they occur, the words “ The Agent 
to the Governor General in Rajputana ” shall bo substituted; and the 
entries relating to the Indian Subordinate Medical Department shall be 
omitted. 

5.. Rules 27, clauses (B), (C) and (D), 28 to 31 and 34 shall be 
omitted. 

6. (a) For rule 35 tbe following shall be substituted, namely: — 

“ 35. Swearing or affirming of Court .—The Court shall make oath 
or affirmation in one of the following forms or in such other 
form to the same purport as may be according to its reli¬ 
gion or otherwise binding on its conscience.” 

(5) In the ** Form of Oath ” and “ Form of Affirmation ” the words 
“ vote or ” and a of any particular member ” shall be omitted. 

7. In rule 36 the following amendments shall be made, namely: — 

(a) For the first thirteen words of the rule the followiri# shall be 
substituted, namely:— 

u After the Court has sworn or made affirmation ” * 

% See footnote 1, on page 65, mpra. 

now Notification No. 2®96~X. B., dfted the diet August, 1920, printed! 
*upm, page 28. 



68 States in Rajputana. —(F77 .—Orders under Acts applied.) 


( b ) In the marginal note the words 44 Judge Advocate and ” shall be 
omitted. | 

(o) The forms of oath marked (A) and (B) shall be omitted. 

(d) In the 44 Form of Oath 99 and 44 Form of Affirmation” marked 
(D) the words 44 vote or ” and 44 of any particular member ” shall be 
omitted. 

8. Rules 49, 50, 55, clause (B), 62 to 64, 70, clauses (C) and (D), 72, 
73, 78, clause (B), 89 to 91, 132, clause (A), 137 to 151 and 160 to 162 
shall be omitted. 

9. In rule 163, clause (A), for the words 44 The Governor General in 
Council ” the words 4 4 The Agent to the Governor General in Rajputana ” 
shall be substituted. 

10. In the third appendix. Forms Nos. 1 and 2 and the form for 
assembly and proceedings of a Summary-General Court Martial shall be 
omitted, and the 44 forms of proceedings of Courts Martial” shall be 
subject to such variations as circumstances may require. 

[Gazette of India , 1913, Pt. I, p. 885.] 





Administered Areas in Rajput ana.— (Mewar and Marwar Parganas 69 

in Ajmer-Merwara.) 


ADMINISTERED AREAS IN RAJPUTANA. 

PARGANAS BELONGING TO MEWAR AND MARWAR IN 
AJMER-MERWARA. 

These parganas were incorporated in the Chief Commissionership of 
Ajmer at the time of its constitution by the following order 1 : — 

No. 1007, dated Ihe 26 th May, 1871. — Tinder the provisions of section 
3 of Acts 17 and 18 Victoria, Chapter 77, ITis Excellency the Viceroy and 
Governor General in CoudciI is pleased to take under his immediate 
authority'and management the Commissi on ership of Ajmer comprising 
the Ajmer District, the Merwara Parganas of Beawar, Jak, Shamghar, 
Bebar-Burkoeha Bhoelan, Todgarh, Diwair, Raroth, Chang and Kot- 
Karana and to give the following orders respecting the administration 
thereof. The aforesaid District and Parganas are constitnted into a 
Chief Commissionership, entitled the Chief Commissionership of Ajmer, 
under the general control of the Government of India in the Foreign 
Department with effect from the 1st April 1871. 

2. The Agent to the Governor General in Rajputana shall be ex-officio 
Chief Commissioner. He will also exercise the powers of Judicial Com¬ 
missioner 2 and Financial Commissioner. 

****** 
[Gazette of India , 1871, Pt. I, p. 398.] 


The following notification declares the laws in force: — 

No. 225-1., dated the 19th April , 1927 .—In exercise of the powers 
•conferred by the Indian (Foreign Jurisdiction) Order in Council, 1902, 
and of all other powers enabling him in this behalf, the Governor General 
in Council is pleased to declare that all laws and regulations for the time 
being in force in the British district of A jmer-Merwara shall be in force 
in the parganas of Todgarh, Dewair, Saroth, Chang and Kot-Karana in 
Merwara, over which the Governor General in Council exercises jurisdic¬ 
tion by agreement with the States of Mewar and Marwar, and shall be 


Simultaneously the following notification was also published:— No. 100 k-P 
dated the 26th May , 1871. With reference to the notification in the legislative 
Department, dated Simla, the 27th May, 1870, publishing few general information 
Act XXXTTI Vic., Gap, 3 (An Aet to make better provision for making Zom> 8 md 
"Regulation* for certain part* of India and for certain other purposes relating 
thereto ), His Excellency the Viceroy and Governor General in Council is pleased 
to direct that the following copy of a Resolution, passed by the Secretary of State 
or India in Council, be published for general information;— 

Dated India Office, London, the 16th March, 1891. , . , c 

Resolved that the proposal of the Government of India, that the provisions of 
Act XXXIII Vic., Cap. 3 be extended to the Districts know# m Ajmer and 
Merwara, be approved. , ^ 

' ■ {GwetU of India. 1371, £i. X, p- 598.] „ , . 

* A Separate officer is now appointed under the Agency Courts Regulation, 1926 
<tX of 1226) to exercise ‘the powers of a Judicial Commissioner. 

IV < r # . 



70 Administered Areas in Kajfutana. —{Mewar and Marwar Parganas 

in Ajmer-Merwara.) 


deemed always to have been in force therein from the date on which such 
jurisdiction was first so exercised. 

[' Gazette of India , 1927, Pt. I, p. 429.] 

Original and appellate criminal jurisdiction over European British 
subjects in these parganas is vested in the High Court at Allahabad by 
the following notificatfon: — 

No. 581-D ., dated the 26th January , 1917 ,—In exercise of the powers 
conferred by section 109, sub-section 1 of the Government of India Act, 
1915 (5 and 6 Geo. V, Ch. 61), and in supersession of the notification of 
the Government of India in the Foreign Department, Ho. 854-1. B., 
dated the 16th April 1913, the Governor General in Council is pleased to 
direct that, until further orders, original and appellate criminal jurisdic¬ 
tion shall be exercised * * * * * by the High 

Court of Judicature at Allahabad over European British subjects of His 
Majesty, a [for the time being within] the parganas of Todgarh, Diwair, 
Saroth, Chang and Kot-Karana in Merwara. 

{Gazette of India , 1917, Pt. I, p. 142.] 

Eor the purposes of the Official Trustees Act, 1913 (II of 1913), and 
the Administrator General's Act, 1913 (III of 1913), these parganas are 
included in the Province of, the United Provinces by notifications 
Ho. 1450-D.* and Ho. 1449-D., 4 respectively, dated the 19th March 1914. 

- , l . Or&itted by Notification No. 89-1., dated the 15th October, 1923. Gazette of 
India 1923, Pt. I, p. 1349. 

* Substituted by Notification No. 880-1. B., dated the 24th May 1917. Gazette 
of India, 1917, Pt. I, p. 958. 

8 Printed in Appendix XII. 

4 Printed in Appendix XHI. 




The District of Abu* —(Enactments in force.) 


71 


ADMINISTERED AREAS IN RAJFUTANA. 

THE DISTRICT OF ABU. 

The following British Enactments are in force in the District of 
Abu: — 

I.—Statutes. 1 

II.—Acts of the Governor General in Council and of the Indian 
Legislature.— See Appendix II. 

III.—Orders under Statutes.— See infra, page 72. 

IY.—Orders under Acts of the Governor General in Council and 
of the Indian Legislature.— See infra, pages 72 to 74. 

Y.—Acts locally applied.— See infra, pages 75 to 85. 

VI.—Local Laws.— See infra, pages 87 to 144. 

VII.—Orders relating to Courts.— See infra, pages 145 to 153. 

VIII.—Orders under Acts locally applied.— See infra, pages 155 to 
274. 

Orders under Regulations locally applied.— See infra, pages 275 
to 320. 

IX.—Orders under Local Laws.— See infra, pages 321 to 354. 


1 Not enumerated. See Preface to this Edition, paragraph 4. 



72 The District of Abu. — {III,—Orders under Statutes. IV ,— 
Orders under Acts of the Governor General in Council and of 
the Indian Legislature,) 


III.—Orders under Statutes. 

63 and 64 The Indian (Foreign Jurisdiction) Order in Council, 1902 .—See 

Fid,, c, 37, 

Appendix I. 


Jurisdiction of High Courts over European British subjects, 

^ 0m 580-D,, dated the 26th January , 1917 ,—Printed in Appendix IV, 


TV.—Orders under Acts of the Governor General in 
Council, and of the Indian Legislature. 

Indian Christian Marriage Act, 1872. 

The Magistrate of Abu and the Resident , Western Rajputana States, 
appointed Marriage Registrars and licensed to grant certificates of 
marriage between Indian Christians, 

No, 2854-1. B,, dated the 3rd September 1918 ,—Printed supra, 

page 35. 

No. 4260-1:, dated the 26th October, 1883 .— Printed supra, page 35. 

Certificates of marriage to be sent to the Commissioner, Aymer-Merwara . 

No. 4262-1., dated the 26th October , 1888, — Printed supra, page 36. 

Delegation to the Agent to the Governor General of powers under sections 

6, 8 and 9. 

No. 3745-1. B., dated the 1st October, 1897. — Printed supra, page 36. 

Indian Arms Act, 1878 . 

Exemption of certain persons from certain prohibitions and directions 
contained in the Act. Rules regarding the export of arms and 
ammunition from , and their import into, British India. 

No. 829 — 1-22, dated the 3rd November, 1923. — (The Indian Arms 

Rules, 1924). Printed in Appendix XXIII. 

Births, Deaths and Marriages Registration Act, 1886 . 

The District Magistrate , Abu, appointed Registrar of Births and Deaths, 
and the Registrar General for Ajmer-Merwara appointed Registrar 
General. 

No. 35-1., dated the 10th September, 1923. —Printed supra , page 36. 



The District of Abu, — (IV—Orders under Acts of the Governor 73 
General m Council and of the Indian Legislature.) 


Rules . 

No. 1173, dated the 19th July, 1888 .—Printed in Appendix VI 
Indian Stamp Act, 1899. 

Remission of duty in British India on instruments executed and 'properly 

stamped in Abu . 

1 No. 3616-Exc., dated the 16th July , 1909 .—In exercise o£ tlie powers 
conferred by section 9, clause (a), of the Indian Stamp Act, 1899 (II 
of 1899), * the Governor General in Council is pleased * * to 
remit the duties * chargeable in respect of instruments of the classes 
hereinafter described:— 

****** 

81. Instrument executed in the areas mentioned in the schedule hereto 
attached in respect of which the stamp duty with which it is chargeable 
under the Stamp Law for the time being in force in the said areas has 
been paid in accordance with the said Law. 

Schedule. 

Areas. 


****** 

2 [The District of Abu], including the road leading from the Abu 
Sanitarium to Abu Hoad Railway Station and to the Bazar at ShaTari. 

****** 

[[Gazette of India 1909, Pt. I, p. 597.] 

Indian Aemy Act, 1911. 


Arrangements concerning the Mewar Bhil Corps and the Mina Corps < 

No. 2896-1. Bdated the 31st August, 1920 .—Printed supra, 
page 38. 

No. 2709-1. A. } dated the 28th December , 1911 .—Printed supra > 
page 39. 

No. 2332-58-lnt., dated the 15th November , 1922 .—Printed supra, 
page 39. 


1 ®imilar in .Administered Areas under British jurisdiction, ;ee 

Alm^i^re t d 0 Ar^ der ^ Indmn Stamp Act > 1899 ’ as WlM the various 

* Substituted by Notification No. 
of India, 1917, Pt. I, p. 1688. 


91S2-F., dated the 1st October, 1917. Gazette 


74 The District of Abu. — (IV.—Orders under Acts of the Governor 
General in Council and of the Indian Legislature.) 


Indian Lunacy Act, 1912. 


Reception and detention in asylums in British India of lunatics from 

Rajputana States. 

No. 2760-G.> dated the 11th November > 1919 .—Printed supra 9 
page 40. 

Official Trustees Act, 1913. 


Inclusion of Abu in the Presidency of Bombay for purposes of the Act • 

No. 1450-0. 9 dated the 19th March , 1914 .—Printed in Appendix 

XII. 

Administrator General’s Act, 1913. 

Inclusion of Abu in the Presidency of Bombay for purposes of the Act. 

No. 1449-0 ., dated the 19th March , 1914 .—Printed in Appendix 

XIII. 






The District of Abu. —(V. — Acts locally applied .) 


75 


V.—Acts locally applied. 

No. 264-1., dated the 24th April , 1929 .—Whereas His Highness the 
Maharao of Sirohi by an Agreement has leased in perpetuity to the 
exclusive administration of the British Government certain lands specified 
and described in a Schedule and Map annexed to the said Agreement 
and forming the Abu Leased Area, and whereas under clause (3) of the 
said Agreement the British Government has retained jurisdiction over 
such land as lies within the limits of the road between Kharari Railway 
Station and Abu, the aforesaid Leased Area and land being hereinafter 
called ee the District of Abu 99 : 

In exercise of the powers conferred by the Indian (Foreign Jurisdic¬ 
tion) Order in Council, 1902, and of all other powers enabling him in that 
behalf, the Governor General in Council is pleased, in supersession of 
the notification of the Government of India in the Foreign Department, 
No. 2221-I.B.. dated the 1st October 1917, and of all notifications amend¬ 
ing the same, to apply the enactments specified in the Schedule hereto 
annexed to the District of Abu, in so far as the same may be applicable 
thereto and subject to any amendments to which the enactments are for 
the time being subject in British India: 

Provided, first, that in the enactments as so applied (except where the 
context or the modifications hereinafter referred to otherwise require) 
references to a Local Government, the Chief Commissioner, or the Chief 
Controlling Revenue Authority shall be read as referring to the Agent to 
the Governor General in Rajputana; references to a Secretary to a Local 
Government as referring to the Secretary to the Agent to the Governor 
General in Rajputana; references to a High Court as referring to the 
Court of the Judicial Commissioner in Ajmer-Merwara; and references 
to British India or the territories subject to a Local Government as 
referring to the District of Abu: 

Provided, secondly, that the further modifications and restrictions set 
forth in the said schedule shall be made in the said enactments as so 
applied: 

Provided, thirdly, that for the purpose of facilitating the application 
of the said enactments any Court in the said District may construe the 
provisions thereof, and any notifications, orders, rules, forms or bye-laws 
thereunder, with such alterations not affecting the substance as may be 
necessary or proper to adapt theipa to the matter before the Court: 

Provided, fourthly, that subject to the proxdsions of this notification 
the Agent to the Governor General in Rajputana may direct hy what 
officer any authority or power under the said enactments , shall be 
exercisable: 

Proyided, fifthly, that all civil and mminal and ot&er proceedings 
pending at the date of this notification shaft be carried on as if this 
notification had* not been issued, but that, save as aforesaid, all proceed- 



76 


The District of Abu.—(F.— Acts locally applied.) 


ings commenced, officers appointed or authorized, jurisdictions or powers 
conferred or confirmed, notifications published, rules or bye-laws made, 
orders passed and things done under any of the enactments specified in 
the notifications hereby superseded in the Abu Area, shall be, as far 
as may be, deemed to have been respectively commenced, appointed or 
authorized, conferred or confirmed, published, made, passed and done, 
under the corresponding enactments specified in this notification. 


TnE Schedule. 


Enactments applied. Further modifications and restrictions. 


Acts of the Governor General in Council. 


1. The Judicial 

Officers Protec¬ 

tion Act, 1850 
(XVIII of 1850). 

2. The Indian Tolls 
Act, 1851 (VTII of 
1851). 

0. The Indian Penal 
Code (Act XLV of 
1860). 


L The Police Act, 
1861 (V of 1861). 


(!) Tn section 17, after the words “ British India” 
the words “ or in the District of Abu ” shall he inserted. 

(2) Tn section 42, after the words 11 Biitish India ” the 
words “ or to the District of Abu ” shall be inserted. 

(3) Tn clause (a) of section 75, after the words “ British 
India ” the words “ or m the District of Abu 99 shall be 
inserted, and in clause ( b) after the word ct territories 99 
the words u other than the District of Abu 99 shall be 
inserted 

(4) Tn sections 121-A, 124-A, and 130 (Explanation), the 
words “ British India 99 shall be read as referring to 
British Tndia and the District of Abu. 

(5) Tn section 153-A, the words “ Her Majesty’s subjects 99 
shall be construed as including persons living in the 
District of Abu. 

(1) References to Inspector-General, Deputy Inspector- 
General or Assistant Inspector-General of Police snail be 
read as referring to the Police Assistant to the Hoij’ble 
the Agent to the Governor General, references to District 
Superintendent of Police or Assistant District Superin¬ 
tendent of Police as referring to the Senior Inspector, 
Criminal Investigation Department, Mount Abu. ana 
references to a general police-district as referring to the 
General Police-District constituted by the notification 
of the Government of India in the Foreign and Political 
Department, No. 39-1123-Tntl. } dated the 10th January 
1923. 

(2) In section 1, the definitions of “ general police- 
district ”, “ District Superintendent ” and te District 
Superintendent of Police 99 shall be omitted. 

(3) In section 4, the words from “ and in such ” to “ shall 
seem fit ” in the first paragraph and the Word “ local ” 
where it first occurs in the second paragraph shall be 
omitted, 

(4) Section 5 shall be omitted. 

(5) In section 34, for the words “ within the limits of any 
town ” the words “ within the Municipal limits 91 shall be 
substituted. 

(6) In section 42, for the first paragraph the following shall 

be substituted, namely:— , 

“ Notice in writing of all actions and pro&eciitions against 
any person which may bo lawfully brought for anything 
done or intended to be done under the provisions of this 
Aefc, or under the general police powers hereby given* 





The District of Ajjtj.— (F .—Acts locally applied.) 


77 


Enactments applied. Further modifications and restrictions. 


and of the cause thereof, shall be given to the defendant 
or to the District Superintendent of Police, one month at 
least before the commencement of the action ; and all such 
piosecutions shall be commenced within three months 
after the act complained of shall have been committed* 
and not otheiwise ” 

(7) Sub-section (1) and the first fourteen words of sub-sec- 
tion {2) of section 46 shall be omitted. 

5. The State-Car- . 

riages Act, 1861 

(XVI of 1861). 

6. The Foreignei's . 

Act, 1864 (III of 

1864). 

7. The Carriers Act, . ... 

1865 (TTI of 1865). 

8. The Native Con- . 

verts’ Marriage 

Dissolution Act, 

1866 (XXI of 
1866). 

9. The Public Gam- (1) The preamble, the first two paragraphs of section 1 and 
blmg Act, 1867 section 2 shall bo omitted. 

(Ill of 1867.) (2) Tn section 5, for the words e( Lieutenant Governor or 

Chief Commissioner ”, and m section 17 for the words 
f< Lieutenant Governor or the Chief Commissioner as the 
case may be ” the words “ Agent to the Governor General, 
Rajputana ” shall lie substituted. 

10. The Sarais Act, . 

1867 (XXrT of 
1867). 


11. The Indian Divorce (1) Nothing m the Act as applied shall be deemed to apply 
Act, 1869 (IV of to British subjects 

1869). (2) The definition of High Court in sab-section (1) of sec¬ 

tion 3 shall be omitted. 


12. The Court-fees Act, (1) References to a Collector shall be read as referring to 
1870 (VII of 1870). the District Magistrate and Collector of Abu. * 

(2) Sections 23, 25. 26, 27, 30 and 34 shall be omitted, 

(3) For sections 28 and 29, the following shall be substi¬ 
tuted, namely: — 

“ 28. No document chargeable with a fee under this Act 
snail be of any validity unless and until the amount of 
such fee is paid. . . 

But if any document is, through mistake or inadvertence, 
received, filed, or used in any Court or office without the 
fee chargeable upon it having been paid, the presiding 
Judge or the head of the office, as the case may be, may, 
if he thinks fit, order that such fee as he may direct be 
paid on such document; and on such fee being paid 
accordingly the same and every proceeding relative to 
such document shall be as valid as if the proper fee had 
been paid on such document in the first instance. 

29. Where any document is amended in order merely to 
correct a mistake and to make it conform to the original 
intention of the parties, it shall not be necessary te pay 
a fresh fee with regard to it.” 


13. The Cattle-tres¬ 
pass Act, 1871 (I of 

14. The Indian In sections 57, 

dence Act, 1872 (I shall be read 
of 1872), of Abu, and 


74, 78 and 79, the worfe “ Bntifih India ” 
as referring to British India, the pistnct 
areas outside British India under the ad¬ 


ministration of the Governor General in Council. 








78 


The District oe Abu. — (V.—Acts locally applied.) 


Enactments applied. 


Further modifications and restrictions. 


15. The Indian Con- . 

tract Act, 1872 

(IX of 1872). 

16. The Indian Chris- (1) Sections 47 and 56 shall be omitted. 

tian Marriage (2) Nothing m the Act as applied shall be deemed to apply 

Act, 1872 (XV of to British subjects. 

1872) . 

17. The Government . 

Savings Banks Act, 

1873 (V of 1873). 

18. The Indian Oaths •*•... 

Act, 1873 (X of 

1873) . 

19. The Indian Majo- (1) Tn clause (b) of section 2, for the words “Her Majes- 

rity Act, 1875 ty’s subjects in India ” the words “ persons living in the 
(IX of 1875). District of Abu ” shall be substituted. 

(2) In section 3, the words “ British India” shall be read 
as referring to British India and the District of Abu. 

20. The Specific Relief . 

Act, 1877 (I of 

1877) . 

21. The Opium Act, . 

1878 (I of 1878). 

22. The Sea Customs Only sections 19 and 167 and Article 8 of the Schedule 
Act, 1878 (VIII appended to section 167 shall be applicable. 

of 1878). 

23. The Indian Arms The provisions of sections 13 and 14 in respect of all arms 

Act, 1878 (XI of and ammunition except cannon shall not apply to the 

1878) . District of Abu. 

24. The Vaccination (1) The second paragraph of section 1, and sections 3, 4, 
Act, 1880 (XIII of 5 and 20 shall be omitted. 

1880) . (2) In section 23, the words “ in any municipality ” shall 

be omitted. 

25. The Negotiable In section 11, the words “ British India ” shall be read 
Instruments Act, as referring to British India and the District of Abu. 

18£L (XXVI of 

1881) . 

26. The Transfer of (1) In section 3, in the definition of “ registered ” after 
Property Act, the words “ registered in ” the words “District of Abn 
1882 (IV of 1882). or in ” shall be inserted. 

(2) In section 52, the words “ British India ” shall be ns ad 
as referring to British India and the District of Abu. 

27. The Land Im~ . 

provement Loans 

Act. 1883 (XIX of 

1883) . 

28. The Jndian Ex- (1) Section 2 shall be omitted. 

plosives Act, 1884 (2) In sub-section (1) of section 3, for the first thirty-six 
(TV of 1884). words the following shall be substituted, namely:— 

“ The Local Government, with the previous sanction of the 
Governor General in Council, may 

29. The Agricultur- Sections 2, 3 and 6 shall he omitted, 
ists Loans Act, 

1884 (XII of 

1884) . 


30. The Indian Tele- 
>h Act, 1885 
I of 1885). 

31. The Births, Deaths 
and Marriages 

nation Act, 
(VI Of 1886). 


Sub-section (2) of section 1, and sections 2,17 and 82 shall 
be omitted. 









The District op Abu. —(F .—Acts locally applied .) 


79 


Enactments applied. 

32. The Suits Valu¬ 
ation Act, 1887 
(VII of 1887). 

33. The Provincial 

Small Cause 

Courts Act, 1887 
(IX of 1887). 


34. The Police Act, 
1888 (III of 1888). 

36. The Measures of 
Length Act, 1889 
(II of 1889). 


36. The Revenue 
Recovery Act, 
1890 (I of 1890). 


37. The 
and 
1890 
1890). 


Guardians 
Wards Act. 
(Vin of 


38. The Prevention of 
Cruelty to Ani¬ 
mals Act, 1890 
(XI of 1890). 

39. The Bankers* 
Books Evidence 
Act, 1891 (XVIII 
of 1891). 

40. The Land Acqui¬ 
sition Act, 1894 
(I of 1894). 

41. The Prisons Act, 
1894 (IX of 1894). 

42. The Epidemic 
Diseases Act, 1897 


Further modifications and restrictions. 


(1) Sections 2, 6 to 12, 18 to 21, sub-section (2) of section 
28, 30 to 34 and 37 shall be omitted. 

(2) For section 5, the following shall be substituted, name¬ 
ly:— 

“ 5. (1) There shall be a Court of Small Causes at Abu. 

(2) The Magistrate of Abu shall be the J udge of the Court, 
and the local limits of the jurisdiction of the Court shall 
be the limits for the time being of the District of Abu.” 

(3) In section 13, for the words from “ a Civil Court ” to 
“ is established ” the words “ the District Court ” shall 
be substituted, and the words from “ other than” to the 
end shall be omitted. 

(4) In section 22, for the words from (t and an ” to (t or 
other ” the word “ the ” shall be substituted. 

(5) In sections 24 and 28, for the words “ District Court ” 
the words “ Resident in the Western States of Raj put- 
ana ” shall be substituted. 


(1) The preamble, sub-sections (2) and (3) of section 1, and 
sections 3 and 7 shall be omitted. 

(2) For section 2, the following shall be substituted, 
namely: — 

“2. Standard yard .—The standard yard for British^ India 
shall be the legal standard measure of length in the 
District of Abu, and be called the standard yard.” 

For section 8, the following shall he substituted, namely;— 

“ 8. The provisions of this Act shall apply equally to— 

(a) the recovery in the District of Abu of any arrear of 
land-revenue accruing, or sum recoverable as an arrear of 
land-revenue and payable to a Collector or other public 
officer or to a local authority, in any part of British 
India or in any local area, which is not part of British 
India, but which is under the administration of the Gov¬ 
ernor General m Council and to which the Revenue Reco¬ 
very Act, 1890, has been applied; and 

(b) the demand for the recovery in British India or in any 
such local area of any such arrear accruing, or sum so 
recoverable and payable, in the District of Abu.” 


In section 10, after the word c< animal ” where it first 
occurs the words “ other than cows or bullocks, pea* 
fowls or pigeons ” shall be inserted. 










80 


The District op Abtj.—(F .—Acts locally applied.) 


Enactments applied. Furthei modifications and lestrictions 

43. The Reformatory In sub-section (1) ol section 15, tor the words “ one pro- 

Schools Act, 1897 vinco 35 and u any other province 33 respectively, the words 
(VIII of 1897). “ Butish India 53 and “ the Distuct of Abu 33 shall be- 

substituted. 

44. The General (1) In dau.se (7) of section 3, the words “ British India 33 

Clauses Act, 1897 shall lemam unmodified, but m any other enactment 
(X of 1897). where this definition would otherwise apply, the words 

shall be lead subject to the provisions of this notification. 

(2) In clause (45) of section 3, m the definition of “ regis¬ 
tered 33 after the woids “ registered m 33 the words “ Dis- 
tnot of Abu or m 33 shall be inserted. 

45. The Lepers Act, . 

1898 (III of 1898). 

46. The Code of Cnmi- (1) Sections 22, 25 and 34 shall be omitted. 

nal Procedure, (2) For section 30 the following section shall be substitut- 
1898 (Act V or ed, namely: — 

1898) . “ 30. The Agent to the Governor General in Rajputana 

may notwithstanding anything contained m section 29 
invest the District Magistrate of Abu with power to try 
as a Magistrate all offences not punishable with death. 33 

(3) The powers proscribed by sections 401 and 402 shall be 
exercised only by the Governor General m Council, 

(4) Jn sub-section (1) of section 503, after the words '* such 
attendance and 33 the woids u if such witness resides in 
any area to which this Code applies or in British Tndia 33 
shall bo inserted 

(5) For sub-soction (1) of section 527 the following sub¬ 
section shall bo substituted, namely — 

“ (1) The Governor General m Council may, by notification 
in the Gazette of India, direct the transfer of any parti- 
cultu case or appeal from the High Court to any High 
Court in British India or in an administered area or from 
any Criminal Couit subordinate to the High Court to any 
Criminal Court of equal or superior jurisdiction subordi¬ 
nate to any such High Court as aforesaid, whenever it 
appears to him that such transfer will promote the ends 
of justice or tend to the geneial convenience of parties or 
witnesses. The Court to which any such case or appeal 
is so transfened shall have jurisdiction to try the same 
iu accordance with the provisions of this Code. 33 

(,()) Nothing m tho Code as applied shall he deemed to apply 
to proceedings against European British subjects or per¬ 
sons charged jointly with Euiopean British subjects. 

47. The Indian Post ...... 

Office Act, 1898 

(VI of 1898). 

48. The Indian Stamp (1) Sections 57, 58 and 59 shall be omitted. 

Act. 1899 (II of (2) In subjection (1) of section 60, the words “ other than 

1899) . a Court mentioned in section 57 33 and ** or Chief Court 

to which...refer the same 33 shall be omitted. 

(3) In sub-section (2) of section 60. the words “ as if it had 
been referred under section 57 33 and u under the seal 
.another like copy 33 shall be omitted. 

49. The Indian Petro- Sub-section (3) of section 1 and sub-section (1) of section 

leum Act, 1899 24 shall be omitted. 

(VIII of 1899). 

50. The Prisoners Act, For clause (6) of section 2, the following shall be substi- 

1900 (III of 1900). tuted, namely:— . 

“ (6) ( Prison 3 includes for purposes of the District of 
Abu the Ajmer Central Jail for convicts sentenced to im- 
, prisonment for a term exceeding one month, and the Local 

Prison, Abu, for all convicts for a lessor period. 33 

51. The Indian Tolls 
(Army) Act, 1901 
(II of *901). ' 









The District of Abu.—(F .—Acts locally applied *) 


Enactments applied. 


Further modifications and restrictions. 


* ndl A an + (1) Chapters JV and V shall be omitted. 

?Xv „f iwv 1903 (2 i In sec , tl0 “ s 17 and 21, after the words “ British India 
ot 1903). the woids “ or the District of Abu ” shall be inserted. 


(XV of 1903). 

53. The Indian Coin¬ 
age Act, 1906 (III 
of 1906). 


54. The Code of Civil 
Procedure, 1908 
(Act V of 1908). 


(1) In sub-section (5) of section 2, section 10 and sub-rules 
(4) and (5) of rule 49 of Order XXI m the First Sche¬ 
dule, the words “ British India ” shall be read as refer¬ 
ring to British India and the District of Abu. 

(2) For sub-section (1) of section 25, the following shall be 
^substituted, namely — 

(1) Wheie any jiarty to a su 7 t, appeal or other proceed¬ 
ing pending in the High Court objects to its being heard 
by the High Court and the Court is satisfied that there are 
leasonable grounds for the objection, the Couit shall make 
a leport to the Governor General m Council, who may. 
by notification m the Gazette of India transfer such 
suit, appeal or proceeding to any High Court in British 
India or in m an administered area. The Court m which 
any such suit, appeal or proceeding is so transferred shall 
have jurisdiction to try the same in accordance with the 
provisions of this Code.” 

(3) In the proviso to section 29, after the word u sum¬ 
monses ” the words “ are situate m British India or ” 
shall be insertod. 

(4) For section 43, the following shall be sub*tiLuted, 
namely — 

43. Execution of decrees of British Courts ,—Any decree 
passed by a Civil Couit m British India or by any Court 
established or continued by the authority ol the Governor 
General in Council may, if it cannot be executed within 
the jurisdiction of the Court by which it was passed, be 
executed m the manner herein provided within the juris¬ 
diction of any Court in the District of Abu.” 

(5) In section 45, before the words (t any Court V the words 
iC any Couit situate in British India or to ” shall be 
insertod. 

(6) For clause (b) of section 78, the following shall be sub¬ 
stituted, namely: — 

“ (b) Courts situate in British India or in any other part 
of the British Empire or ” 

(7) To rule 25 of Order V in the First Schedule, the follow¬ 
ing shall be added, namely: — 

“ Provided that, if the defendant resides in British India 
the summons may be sent for service to a Court (not 
being a High Court) having jurisdiction at the place 
where he resides and if the Court returns the summons 
with an endorsement signed by the Judge or other officer 
of the Court that the summons has been served on the 
defendant in manner hereinbefore directed, such endorse¬ 
ment shall be deemed to be evidence of service.” 

(8) The provisions of rule 48 of Order XXI in the First 
Schedule shall apply only to those oases in which the salary 
or allowances are payable in the District of Abu. 

(9) Buies 8, 9 and 13 of Order XVIII shall be omitted* 
and for rules 5, 14 and 15 of the same Order, the follow¬ 
ing shall be substituted, namely: — 

“ 5. A note of the essential points of the evidence of each 
witness shall be made at the time and in fhe course of 
oral examination by the Judge in his own language, or 
in English if he is sufficiently acquainted with that lan¬ 
guage, and such notes shall be filed with, and form part 
of, the record of the cane. 

14k If the Judge be prevented from mtddng a note as above 
required, he shall record the reason of 1m inability to do 



82 


The District or Abtt. — (F. —Acts locally applied .) 


Enactments applied. 


55. The Explosive Sub¬ 
stances Act, 1908 
(VI of 1908). 

66. The Indian Limit¬ 
ation Act, 1908 
(IX of 


Further modifications and restrictions. 

so and shall cause such note to be made m writing from 
his dictation m open Court and shall sign the same, and 
such note shall form part of the record. 

15. When the Judge, making a note of the evidence, or 
causing one to be made as above required, dies or is re¬ 
moved from the Court before the conclusion of the suit, 
his successor may, if he thinks fit, deal with such note as 
if he himself had made it or caused it to be made.” 


57. The Indian Regis¬ 
tration Act, 1908 
(XVI of 1908). 


68 . 


^hipping 
Act, 1909 (IV of 
1909). 

The Indian 

Lunacy Act, 1912 
(IV of 1912). 


60. 

61. 

62, 

68 . 

64 . 


The Wild Birds 
and AnfrmaJa Pro¬ 
tection Act, 1912 
(VIII of 1912). 
The Indian Com¬ 
panies Act, 1918 
(VII of 1918). 

The Indian Motor 
Vehicles Act, 1914 
(VIII of 1914). 

The Local Autho¬ 
rities Loans Act, 
1914 (IX of 1914). 
The Hindu Dis¬ 
position of Pro¬ 
perty Act, 1916 
(XV of 1916). 

The Destruction of 
Records Act. 1917 


(1) In section 13, the words “ British India ” shall be read 
as referring to British India and the District of Abu. 

(2) For section 80, the following shall be substituted, 
namely; — 

u 30. Notwithstanding anything herein contained, any 
suit the cause of action m which arose before the 1st Octo¬ 
ber, 1917, and for which the period of limitation prescribed 
by this Act is shorter than the period of limitation 
prescribed by the Sirohi State Limitation Rules, 1911. 
may be instituted within the period of limitation allowed 
by the said rules.” 

(3) Section 31 and the second schedule II shall be omitted. 

(1) In section 33, the words “ British India 99 shall remain 
unmodified. 

(2) hi clause (a) of sub-section (1) of section 33, after the 
words u executing the power-or-attorney resides ”, and 
in clause (c) of the said sub-section after the words “ does 
not reside ” the words “ m the District of Abu or ” shall 
be inserted. 

(3) Section 67 shall be omitted. 

Section 6 shall be omitted. 


(1) To clause 1 of section 3, the following shall be added, 
namely:— 

#< and includes all asylums or mental hospitals for lunatics 
established or licensed by Government in British India ”. 

(2) Sections 14, 16 and 67 shall be subject to the proviso 
that, if a lunatic is an inhabitant of a State in India, the 
Magistrate or Judge, as the case may be, may make him 
over to the care of such State with its consent and. in the 
case of an order under section 67, with the consent of the 
person on whose application the requisition was instituted. 


In sub-section (1) of section 246, the words 11 British India ” 
shall be read as referring to British India and the District 
of Abu, 









The District oe Are. —(V . —Acts locally applied.) 


83 


Enactments applied. Further modifications and restrictions. 

66. The Cinemato¬ 
graph Act, 1918 
(II of 1918). 

67. The Provincial . 

Insolvency Act. 

1920 (V of 1920). 


Acts oj the Indian Legislature . 

68. The Indian In- (1) Sub-section (2) of section 7 shall be omitted 

come-tax Act, 1922 (2) After section 00, the following section shall he inserted, 
(XI of 1922), namely — 

“ 60-A. Notwithstanding anything contained in this Act 
the Governor General m Council may, by; notification in 
the Gazette of India, apply to the District of Abu any 
rules under section 59 and any exemptions, reductions in 
rate or other modifications under section 60 of the Indian 
Income-tax Act, 1922, for the time being in force in British 
India subject to any amendments to which such rules, ex¬ 
emptions, reductions or modifications are for the time 
being subject in British India and with such modifications 
or res frictions as may be specified in the notification, and 
any rules, exemptions, reductions or modifications so 
applied shall have effect in the District of Abu as if made 
under this Act.” 

69. The Indian Mines . 

Aot. 1928 (IV of 

1923). 

70. The Workmen’s Sub-section (3) of section 1 shall be omitted. 

Compensation Act, 

1923 CVIII of 
1923). 

71. The Indian Paper Only the following sections shall apply as hereby modified, 
Currency Act, namely: — 

1923 (X of 1923). “ 14. A universal currency note for the time being of 

British India and any other currency note of British 
India which the Governor General in Council may from 
time to time direct, shall be a legal tender for the amount 
expressed m the note in payment or on account of— 

(a) any revenue or other claim to the amount of five 
rupees or upwards due to Government: and 

(b) any sum of five rupees or upwards due by Government 
or by any body corporate or person 

25. No person shall draw, accept, make or issue any bill 
of exchange, hundi, promissory note or engagement for 
the payment of money payable to bearer on demand, or 
borrow, owe or take up any sum or sums of money on the 
bills, hundis, or notes payable to bearer on demand, or 
any such person: 

Provided that cheques or drafts payable to bearer on 
demand or otherwise, may be drawn on bankers, shroffs or 
agents by their customers or constituents, in respect of, 
deposits of money in the hands of those bankers, shroffs 
or agents and held by them at the credit and disposal of 
the persons drawing such cheques or drafts. _ 

26. (1) Any person contravening the provisions of sec¬ 

tion 26 shall, on conviction by a Magistrate of the first 
class, be punishable with a fine equal to the amount of 
the bill, hundi, note or engagement m respect whereof the 
offenoe is otomitted. ^ ' ' . * ,,, . ... . * 

(2) Every proeecption under seefoon shall be instituted 
by a person mwftwed in this behalf by the Agent to the 
Governor General with the sanction of the Governor Gene- 
rai in Council.” 






84 


The District of Atisu. —(V . —Acts locally applied.) 


Enactments applied. Further modifications and restrictions. 

72. The Indian Ofii- . 

cial Secrets Act. 

1923 (XIX of 
1923). 

73. The Indian Sol- Sub-section (3) of section 1 shall be omitted, 
diers (Litigation) 

Act, 1925 (IV of 
1925). 

74. The. Indian Sue- (1) Sections 11, 17 and 57, m section 58 the words “ save 

cession Act, 1925 as provided by section 57 ”, the proviso to section 273, 

(XXXIX of 1925). section 274 and Schedule Til, shall be omitted. 

(2) For section 382, the following shall be substituted, 
namely • — 

“ 382 Where a certificate m the form of Schedule VIII to 
this Act has been granted under the provisions of this Act 
by a Court having jurisdiction under the Act m British 
Tndia or under the Act as applied in any area outside 
British India which is under the administration of the 
Governor General m Council, or when a certificate in the 
foi m, as nearly as circumstances admit, of the said sche¬ 
dule has been granted to a resident within a foreign 
State by the British Representative accredited to the 
State, or when a certificate so granted has been extended 
in such form by such court or by such representative the 
certificate shall, if it has been stampeef in accordance with 
the provisions of the Court-lees Act, 1870, have the same 
effect as a certificate granted or extended under this Act.” 


Begulation made by the Governor General in Council. 

1. The Excise Regula- Tn section 20, after the words “ Military Cantonment * the 
tion, 1915 (I of words “ or Sanitarium ” shall be inserted. 

1915). 


Act of the Legislative Council oi the Punjab. 

1. The Court-fees (1) For sub-section (3) of section 1, the following sub-sec- 
(Punjab Amend- tion shall be substituted, namely — 
ment) Act, 1922 “ (3) Tt shall come into force with effect from the 28th 
(Punjab Act VIT June, 1924,” 

of 1922). 1 (2) Sections 6 and 12 shall be omitted. 

\_Gazette of India, 1929, Pi. I, p. 619.] 


Application of United Provinces Act II of 1921. 

No. 2595-717-lnt., dated the 27th December, 1922 .—In exercise of 
the powers conferred by the Indian (Foreign Jurisdiction) Order in 
Council, 1902, and of all other powers enabling him in that behalf, the 
Governor General in Conncil is pleased to extend the Act of the legisla¬ 
ture of the United Provinces of Agra and Oudh specified in the second 
column of the Schedule hereto annexed to the administered areas in 


1 The Court-fees (Punjab Amendment) Act, 1922, has been amended by the 
Punjab Court-fees (Amendment) Act, 1926 (Punjab Act I of 1926) and the Punjab 
OourVfees (Second Amendment) Act, 1926 (Punjab Act VI of 1926). These two 
amending Acts (Acts I and VI of 1926) are deemed to have coifie into force in the 
District of Abu with effect from the 23rd March, 1929. See Notification No. 144-1#, 
dated the 23rd March, 1929. Gazette of India, 1929* Pt. I, p. 354. 





The District of Abu.—(T\— Acts locally applied.) 


85 


Rajputana to the extent specified in the third column of the said Schedule 
and subject to the modifications set forth in the fourth column thereof. 


Number 

and 

year. 

Short Title 

Extent of application. 

Modifications. 

United Pro¬ 
vinces Act 
II of 1021. 

The Intermediate 
Education Act, 
im. 

| 

Sub-scction (1) of sec¬ 
tion 1 , clauses (a\ 
(6), (/Z) and («) of sec¬ 
tion 2 , sub-sections 
(I) to (9) and sub¬ 
section (12) of section 
7 , and section 19. 

(a) In clause (a) of section 2 “Board” 
shall mean “ the Board of High 
School and Intermediate Education 
constituted by an Act of the Legis¬ 
lature of the United Pro\mces of 
Agra and Oudh, known as the 
Intermediate Education Act, 1921.” 




(6) In clause (e) of section 2, “ Regu¬ 
lations ” shall moan fc ‘ Regulations 
made by the Board under the said 
Act and ha\ mg effeot in the United 
Provinces of Agra and Oudh.” 


[Gazette of India, 1922, Pt. I, p. 1577.] 











The District of Abu*— (VI. — Local Laws.) 


87 


VI.— Local Laws . 1 

Publication of newspapers and other printed works. 

No. 2651~I.> dated the 25th June , 1891. — See Appendix XVII. 

Abu Revenue Law , 1918. 

No. 1823-1.B., dated the 25th June , 1918. —In exercise of tlie powers 
conferred by the Indian (Foreign Jurisdiction) Order in Council, 1902, 
and of all other powers enabling him in that behalf, the Governor 
General in Council is pleased to make the following law for the assess¬ 
ment and collection of land-revenue in the District of Abu. 

1 . Short title , local eatenb, and commencement. —This law may be 
called the Abu Revenue Law, 1918; 

It extends to the District of Abu as defined by the notification of the 
Government of India in the Foreign and Political Department, No. 
2221-I.B ., 2 dated the 1st October, 1917; and 

It shall come into force at once. 

2. Interpretation clause. —In this Law— 

(a) “ Collector ” means the officer who for the time being holds 

or officiates in the appointment of District Magistrate of 
Abu. 

(b) “ Revenue Officer 99 includes— 

(1) the Collector; and 

(2) any person whom the Agent to the Governor General in 

Rajputana may, from time to time, appoint by name or 
by office to do anything required by this law, to be done 
by a Revenue Officer; 

(o) u land-revenue 99 includes all dues imposed on the land in the 
District of Abu previous to this law; and includes taxes 
on cattle; 

(d) “ malguzar 99 means a person liable individually or jointly 
for the payment of land-revenue. 

3. Rules as to instalments and times and places of payment. —The 

Agent to the Governor General may, from time to time, make rules for 
the assessment of the land-revenue, and as to the instalments by which 
and the places and tinges at which the lahd-revemie in’respect of any 
estate shall be paid, and as to the mode in which notice of such assess** 
ment, instalments, places and times shall be given to the persons con¬ 
cerned. 1 ’ 

* For other Laws made under the Tndian (Foreign Jurisdiction) Order 
fn Council, 1902, see the Orders relating to Courts, mpm* 

* Superseded by Notification No, dated the 24th April, 1929, Printed 

supm, .■ 




88 


The District of Abu.— (77. — Local Laws.) 


Until the Agent io Ihe Governor General otherwise directs, the prac¬ 
tice in respect of such matters prevailing at the time this law conies 
into operation shall continue. 

4. “Arrear”, “Defaulter”. —Any sum not paid as required by 
section 3 or the rules framed thereunder shall be deemed to be an arrear 
of land-revenue, and every person liable for it shall be deemed to be a 
defaulter. 

5. Issue of warrant of an*est .—When an arrear of land-revenue has 
accrued, the Collector may issue a warrant ordering any defaulter to 
pay the whole or any part of such arrear within a time therein specified, 
and may empower an officer named in such warrant, in the event of 
the amount demanded not being so paid, to arrest such defaulter and 
bring him to the tahsil. 

6. Order to bring defaulter to district headquarters. —If, when the 
time named in such warrant has expired, the defaulter is brought to the 
tahsil, and does not either pay such amount or the portion thereof re¬ 
maining unpaid (as the case may be), or show good reason for extend¬ 
ing the time for payment thereof, the Collector may direct him to be 
conveyed to the Collector's headquarters, and there kept under personal 
restraint for ten days or until he pays such amount or such portion 
thereof within that period. 

7. Delegation to subordinate Revenue officer of powers under sections 
-5 and 6 .—The Collector may empower any Revenue officer subordinate 
to him, and not being of lower grade than that of Tahsildar, to exercise 
the poveis conferred on the Collector by sections 5 and 6. 

8. Commitnnent to civil jail. —If the amount named in any warrant 
issued under section 5 or the portion thereof remaining unpaid (as the 
case may be) is not paid within the period of ten days fixed by section 
6, and no good reason for the delay in the payment thereof is shown, the 
Collector may, by his warrant, commit the defaulter to the civil jail, 
to be there detained for such period not exceeding six months, or, if 
such amount or such portion thereof is more than five hundred rupees, 
for such period not exceeding one year, from the date of such warrant, 
as such Collector thinks fit, unless such amount or such portion thereof 
is sooner paid. 

9. Discharge of defaulter on enforcement of process under section 12* 
—Whenever any of the processes provided in section 12 is taken in , res¬ 
pect of an arrear of land-revenue, any defaulter whose holding has been 
attached, shall, if he is in custody under section 5, 6 or 8, be forthwith 
discharged. 

10. Attachment and sale of moveable property. —Instead of, or in 
addition to, the proceedings authorised, by sections 5 to 8 inclusive, the 
Collector may, in order to realize the whole or any portion of an arrear 
of lahd^revenue, order the attachment and sale of the moveable pro- 



The District of Abu.— (VI. — Local Laws.) 


89 


perty of any defaulter with the exception of the following, that is to 
say— 

(a) implements and materials used in husbandry and animals 

kept for agricultural purposes; 

(b) implements of trade or of domestic industry; and 

(c) the necessary wearing-apparel of such defaulter and of his 

wife and children. 

11. Procedure to be followed. —Every attachment and sale ordered 
under section 10 shall be conducted as nearly as may be according to the 
law in force for the time being for the attachment and sale of moveable 
property in execution of a decree of a Civil Court. 

12. Power to attach land .—When an arrear of land-revenue has ac¬ 
crued in respect of any land, the Collector may, in addition to, or in¬ 
stead of, the processes hereinbefore specified, cause such land or anj 
part thereof to be attached and taken under the direct management of 
any agent whom he appoints in that behalf. 

18. Effect of attachment. —During the continuance of an attachment 
under section 12 the defaulters shall be excluded from possession of 
the land attached, and the agent appointed by the Collector shall stand 
for all purposes m their position, being bound by all their liabilities 
to any subordinate proprietors, incumbrancers or tenants of, or on, such 
land, and being entitled to manage such land, and to receive all rents 
and profits accruing due to such defaulters therefrom. 

14. Profits of land how applied. —The surplus profits of such land, 
after defraying the cost of attachment and management, shall be applied, 
first, to the payment of any land-revenue falling due upon such land 
during the attachment, and next, to discharging the arrear of land- 
revenue. 

15. Attachment when to cease. —The attachment shall continue until 
the arrear of land-revenue is paid or realized from the profits of the land, 
or the Collector thinks fit to reinstate the defaulters in possession. 

16. Recovery of arrears by attachment of immoveable property other 

than estate. —When an arrear of land-revenue cannot be recovered by 
any of the processes hereinbefore described, the Collector may, with the 
previous sanction of the Agent to the Governor General, order the attach¬ 
ment under sections 12 to 15, inclusive, of any immoveable property of 
the defaulters other than that in respect of which such arrear has 
accrued, and may apply the provisions of those sections to such property 
until such arrear is discharged. , 

17. Recovery of land-revenue due , rent on Government lands, ete., 
other moneys ^—The provisions of this law shall, as far as may be 
apply to the recovery of the following, that is to say:— 

> (a) Land-revenue due at the time whoa this law comes into opera* 

1 ' iion; 


90 


The District oe Abu. — {VI.—Local Laws.) 


(b) rent payable to the Government in respect of land owned by 

the Government or held under direct management in ex¬ 
ercise of the powers conferred by section 12 or otherwise; 

(c) fees, costs or other money payable under this law or under 

any rule made in exercise of a power conferred by this 
law. 

18. Other malguzars to pay to headmen. —In any estate or village in 
which headmen have been appointed, the remaining malguzars shall 
be bound, on demand made by the headmen fifteen days before an in¬ 
stalment of land-revenue falls due, to pay to such headmen the portions 
of such instalment which as between themselves are chargeable to their 
holdings respectively. 

But no proceedings shall be instituted or maintained by a headman 
for the recovery of any sum so chargeable to a holding in an estate or 
village after the Collector has informed such headman that the Govern¬ 
ment demand on such estate or village has been remitted to an amount 
equal to such sum, and that such remission has been gi'anted with 
special reference to such holding. 

19. Additional powers which may he conferred- on Revenue Officers. 
—The Agent to the Governor-General may, subject to any restrictions 
imposed by the Governor General in Council, invest any Revenue 
officer by name or by office for any of the purposes of this law with any 
of the following powers, to be exercised by him in any part of the district 
of Abu and in any specified class of cases: — 

(a) power to delegate the exercise of any power or the performance 

of any duty to a subordinate Revenue-officer; 

(b) power to review any decision or order given by him which 

is not open to appeal, or from which, if open to appeal, 
no appeal has been preferred; 

(c) power to call for the proceedings of any subordinate officer, 

and review any order or decision given therein; which is 
not open to appeal, or from which, if open to appeal, no 
appeal has been preferred. 

20. Functions of Collector how discharged. —Except as may, from 
time to time, be otherwise directed in the exercise of a power conferred 
by any enactment for the time being in force, the functions of a Collector 
under any enactment for the time being in force shall be discharged by 
the officer who holds the appointment of Collector under this law. 

21. ' Agent to the Governor General 3 $ power of revision.— The Agent 
to the Governor General may call for the record of any proceedings held 
by any Revenue-officer, and may pass such order thereon consistent with 
this law as he thinks fit. 




The District of Abu.— (VI. — Local Laws.) 


91 


22. Additional power to make rules. —In addition to the other matters 
for which the Agent to the Governor General is empowered by this 
law to make rules, he may, from time to time, make rules consistent with 
this law— 

(a) for the investigation of claims to exemption from assessment 

or to assignments of land-revenue; 

( b ) for the appointment and removal of circle headmen, village 

headmen and patels; 

(c) to determine the persons by whom, the time, .place and manner 

at or in which, anything to be done under this law, and 
for which no express provision is made in these respects, 
shall be done; and to regulate the procedure of Revenue- 
officers acting under this law in all cases; 

(d) for the investigation by the higher Revenue-officers of charges 

of misconduct preferred against Revenue-officers of lower 
grade; 

(e) to determine the fees to be charged for tjie service of process 

issued under this law, and to- regulate the costs in all pro¬ 
ceedings before Revenue-officers; 

(f) to determine the form of any notice or notification required by 

this law to be served or published, and the mode in which 
such notice shall be served or published; and 

(g) generally to carry out the provisions of this law. 

23. Power to prescribe penalty for breaches of rules. —The Agent to 
the Governor General may, in making any rule under this law, attach 
to the breach of it, in addition to any other consequences that would 
ensue from such breach, a punishment, on conviction before a Magis¬ 
trate, not exceeding rigorous or simple imprisonment for a term which 
may extend to one month, or fine which may extend to two hundred 
rupees, or both. 

24. Pules how to be published. —No rule made by tbe Agent to the 
Governor General under this law shall take effect until it has been pub¬ 
lished in the official gazette. 

Force of rules. —All such rules when so published shall, in so far as 
they are consistent with this law, have the force of law. 

25. First appeal —Except as hereinbefore otherwise provided, an 
appeal shall lie from every order and decision given under any of the 
provisions hereinbefore contained— 

(a) when such order, or decision is given by a Revenue-officer 

other*than the Collector—to the Collector; 

(b) When such order or decision is given by the Collector—to 

the Agent to the Governor General. 




92 


The District op Abu.— (VI. — Local Laws.) 


26. Second appeals. —If in any case the order or decision given in 
appeal under clause (a) of section 26 reverses or modifies the original 
order or decision on a point material to the merits of the case, and is 
not hereinbefore declared to be final, the Agent to the Governor General 
may receive a second appeal if on perusal of the grounds of appeal, and 
of copies of the orders or decisions already given, a further considera¬ 
tion of the case appears to him to be requisite for the ends of justice. 

27. Limitation of appeals .—The period of limitation for an appeal 
under section 25 or section 26 shall begin to run from the date of the 
order or decision'appealed against, and shall be as follows, that is to 
say— 

(a) when such appeal lies to the Agent to the Governor General, 

sixty days; 

(b) when such appeal lies to the Collector, thirty days. 

In other respects the limitation of such appeals shall be governed by 
the provisions of the Indian Limitation Act, 1908. 

28. Order in first appeal when confirming original decision final .— 
Every order or decision given in first appeal confirming the original order 
or decision shall, subject to the powers of review and revision conferred 
under section 19 and by section 21, be final. 

29. Proceedings under law not to be impeached .—Except as herein¬ 
before expressly provided— 

(a) Everything done, ordered or decided by the Agent to the Gov¬ 

ernor General or a Revenue-officer under this law, shall 
be deemed to have been legally and rightly done, ordered 
or decided; 

(b) Limitation of jurisdiction of Civil Courts .—No Civil Court 

shall entertain any suit or application instituted or pre¬ 
sented with a view to obtaining any order or decision which 
the Agent to the Governor General or a Revenue-officer is 
under this law empowered to make or pronounce. 

[Gazette of India , 1918, Pt. I, p. 1019.] 


ABU MUNICIPAL LAW, 1919. 


CONTENTS. 


Chapter I.—Preliminary. 


Section. 

1. Short title and commencement. 

2. Definitions. 


IX of 1908. 



The District or Abtj.—(1 71. — Local Laws.) 


93 


Chapter II. —Organisation and Constitution or the Committee. 
Section. 

3. Constitution of Committee. 

4. Term of office of an appointed member. 

5. Resignation of an appointed member. 

6. Time of Committee coming into existence. 

7. Consequences of establishment of the Committee. 

8. Appointment of Chairman, Vice-Chairman and Secretary. 

9. Resignation of Chairman, Vice-Chairman, or Secretary. 

10. Powers of Agent to the Governor General to remove appointed 

members. 

11. Special provision in respect of casual vacancies. 

12. Death, resignation or removal of Chairman, Vice-Chairman or 

Secretary. 

Conduct of Business. 

13. Time for holding meetings. 

14. Quorum. 

15. Chairman of meeting. 

16. Vote of majority decisive. 

17. Resolutions to be recorded and published. 

Chapter III. —Officers and Servants. 

18. Employment of other officers „and servants. 

19. Pensions of others. 

20. Provident Fund. 

21. Penalty on sweepers for failure to discharge their duties. 

22. Authority to contract. 

23. Mode of executing contracts. 

Chapter IV.— Taxation. 

24. Taxes which may be imposed. 

25. Scavenging tax. 

26. Water tax. 

27. Notification of and power to abolish and reduce taxes. 

28. Power to exempt from taxation. 

29. Taxes not invalid for defect of form. 

30. Taxes when paid. 

31. Receipts to be given. 

32. Appeals against taxation. 

33. Limitation for appeals. \ 

34. Taxation not to be questioned except law. 

35. Power to examine article liable ta octroi. 



94 


The District of Abu.— (VI. — Local Laws.) 


Section. 

36. Power to search where octroi is leviable. 

37. Presentation of bill for octroi. 

38. Recovery of octroi. 

19. Penalty for evasion of octroi dues. 

10. Composition. 

Chapter V.—Municipal Fund and Property, 

41. Constitution of Municipal Funds. 

42. Application of Fund. 

43. Custody of Municipal Fund. 

44. Investment of same. 

Chapter VI.— Powers for Sanitary and Other Purposes. 

45. Offences in road or public place. 

Streets and Buildings . 

46. Power to attach brackets for lamps. 

47. Names of streets and number of buildings. 

48. Roofs and external walls not to be made of inflammable mate¬ 

rials 

49. Power to acquire land for building sites adjoining new streets. 

50. Power to close streets. 

51. Power to permit temporary occupation of streets, etc., etc. 

52. Notice of new building. 

53. Removal of obstructing projections and encroachments. 

54. Troughs and pipes for rain-water. 

55. Unauthorised buildings over drains, etc. 

50. Power to require untenanted buildings becoming a nuisance to Be 
secured or enclosed. 

57. Improper use of land. 

, Dangerous Buildings and Places . 

58. Power to require buildings, wells, tanks, etc., to be secured. 

59 Buildings, etc.* in ruinous or dangerous state. 

Boundaries , Trees , etc. 

60. Boundary walls, hedges and fences. 

61. Felling of trees of mature growth. 

- Markets and Slaughter-houses. 

62. Sale in markets of articles unfit for human consumption 

63. Places for slaughter of animals. 

64. Levy of stallages, rents and fees in public market®. 


The District of Abtj.— (VI.—Local Laws.) 


95 


Burial and Burning 'places. 

Section. 

65. Powers in respect of burial and burning places. 

Inflammable materials. 

66. Inflammable materials. 

Water-pipes, primes and drains . 

67. Cesspools, receptacles for filth, etc. 

68. Provision of latrines, etc. 

69. Removal of latrines, etc., near any source of water-supply. 

70. Power to require drainage, etc., of unwholesome land, etc. 

Buildnigs and ground m insanitary condition. 

71. Removal of overcrowded buildings. 

72. Reduction of number of inmates of overcrowded dwelling. 

73. Power to require that building be repaired or altered so as to 

remove sanitary defects. 

74. Power to require owner to clear away noxious vegetation. 

75. Power to trim hedges and trees bordering on streets. 

76. Power to have building or land cleansed* 

77. Building unfit for habitation. 

78. Control of bungalows set apart for the residence of Government 

officials. 

79. Cultivation, use of manure or irrigation injurious to health 

after prohibition. 

• 

House accommodation. 

50. Power to cause bungalow set apart for tbe residence of Govern' 
ment officials to be let to a specified officer. 

Registration of Trades. 

81. Regulation of offensive and dangerous trades. 

82. Power to probibit such trades. 

83. Particulars to be printed on books and papers. 

84. Keeper of printing press to make declaration. 

85. Execution of acts required to be done by any notice. 

86. Compensation for damage caused by exercise of powers under 

this Law. 

Appointment of Agmts^y Abswtm Owners. 

87. Duty , of absentee owner tot aypofotagant. ■ 




96 


The District of Abu.— { VI .— Local Laws.) 


Chapter YII. —Powers of Entry and Inspection. 


Section. 

88. Power to enter and inspect buildings or land. 

89. Inspection of drains, privies and cesspools. 

90. Power to enter and inspect buildings, etc. 

91. Other powers of entry on building or land. 

92. Power to enter for discovery of vehicles or animals liable to 

taxation. 

93. Power to inspect places for sale of food or drink, etc., and to 

seize unwholesome articles exposed for sale. 

94. Time of entry. 

95. Power of entry for purposes of scavenging. 

Chapter YIII.—Offences affecting the Public Health, Safety or* 

Convenience. 

96. Discharging sewage. 

97. Non-removal of filth, etc. 

98. Making or altering drains without authority. 

99. Penalty for making or keeping latrines, etc,, near any source of' 

water-supply, 

100. Keeping animals so as to be injurious to health. 

101. Acts done by persons suffering from certain disorders. 

102. Driving vehicles without proper lights. 

103. Discharging fire-arms, fireworks, etc. 

104 . Suffering dogs to be at large. 

105. Altering, obstructing or encroaching upon streets, etc. 

106. Loitering or importuning for sexual immorality. 

*07. Destroying direction-posts, lamp posts, etc. * 

108. Penalty for printing, publishing or keeping a press contrary to* 

rules in sections 83 and 84. 

109. Penalty for disobedience of orders under Chapter YI. 

110. Penalty for sale or manufacture of food or drugs not of the* 

proper nature, substance or quality. 

Chapter IX. —Control. 

111. Control. 

112. Rules. 

113. Delegation of powers by the Committee, 

114. Removal and exclusion from Municipal area of disorderly 

persons, etc. 

115 General power of removal and exclusion from the Municipal 
area. 

116. Marbourxng or concealing person ordered to remove from and* 
prohibited from re-entering the Municipal area. 


The District of Abu. —(F7 .—Local Laws.) 


97 


Chapter X.— Supplementary. 


Section. 

117. Penalty on member, officer, or servant of Committee being in¬ 

terested in contract made with the Committee. 

118. Suits and prosecutions against Committee. 

119. Permission of the Committee to be presumed if not given or 

refused within three months. 

120. Execution in case of failure and recovery of cost thereof. 

121. Acquisition of land. 

122. Member not to be deemed interested in prosecution. 

123. Conduct of prosecutions under this Law. 

124. Saving of prosecution under other Laws. 

125. Recovery of taxes. 

126. Irregularities not to invalidate proceedings. 


No. 733-1. 13., dated the 23th February, 1910.-— In exercise of the 
powers confeixed by the Indian (Foreign Jurisdiction) Order in Council, 
1902, and of all other powers enabling him in that behalf, the Governor 
■General in Council is pleased to make the following Law for the ad¬ 
ministration of the Abu Municipal Area. 

A LAW FOR THE ADMINISTRATION OF THE ABF MUNICIPAL 

AREA. 

Chapter I.— Preliminary. 

1. Short title, extent and commencement.—{!) This Law may be 
■called the Abu Municipal Law, 1919. 

(2) It extends to the whole of the Abu Municipal area as defined 
from time to time by notification. 

(3) It shall conie into force at once. 

(4) All orders, declarations, rules and regulations made, directions, 
licenses and permits given, taxes imposed and notifications published, 
before the commencement of this Law, under the authority of, or with the 
approval of, tike Agent to the Governor General in this behalf shall, so 
far as they are consistent with this Law, be deemed to have been res¬ 
pectively made, given, imposed and published thereunder. 

2. Definitions. —In this Law, unless there is anything repugnant in 
the subject or context— 

(X) “ Agent to the Governor General ’* means Agent to the Gov¬ 
ernor General in Rajputana: : , 

(2) “ inhabitant ” includes any person ordinarily residing or carry¬ 
ing on business or owning or occupying immovable property in the area 
to which this Law extends: 



98 


The District or Abu.— (VI. — Local Laws.) 


(3) “ street 99 includes any way, road, lane, square, court, alley, 
passage or open space, whether a thoroughfare or not, over which the 
public have a right of way, and also the roadway and footway over any 
public bridge or causeway: 

(4) “ owner ” includes the person for the time being receiving iflae* 
rent of any land or building, whether on his own account or as agent or 
trustee for any person or society or for any religious or charitable pur¬ 
pose, or who would so receive the same if the land or building were let 
to a tenant: 

( 5 ) “ notification ” means a notification published by authority of 
the Agent to the Governor General in the Official Gazette: 

( 6) “notified” means published as aforesaid: 

(7) “ Committee ” means the Municipal Committee constituted 
under this Law: 

(S) “District Magistrate ” means the District Magistrate of Abu: 

(9) “Common gaming-house ” means any house, room, tent, or 
walled enclosure, or space, or vehicle, or vessel, or any place whatsoever, 
in which any instruments of gaming are kept or used for the profit or 
gain of the person owning, occupying, using or keeping such house, 
room, tent, enclosure, space, vehicle, vessel or place, whether by way 
of charge for the use of such house, room, tent, enclosure, space, vehicle, 
vessel, place or instruments or otherwise howsoever. 

Chapter II.— Organisation and Constitution op the Committee. 

3. Constitution of Committee. —(I) There shall be established a 
Municipal Committee consisting of such persons, not less than six, as- 
the Agent to the Governor General shall appoint in that behalf. 

(2) Incorporation of Committee. —The Committee so established shall 
he a body corporate by the name of the Committee of the Abu Munici¬ 
pality, shall have perpetual succession and a common seal, with power 
to acquire and hold property, both movable and immovable, and subject 
to the rules made under this Law, to transfer any property held by it, 
and to contract and to do all othex things necessary for the purposes of 
its constitution, and may sue and be sued in its corporate name. 

4. Term of office of an appointed member. — (1) The term of office 
of a member of the Committee shall be fixed by the Agent to the Gov¬ 
ernor General, by rule made under this Law, and may be so fixed as 
to provide for the retirement of members by rotation, but shall not 
exceed three years. 

(2) An outgoing member shall, if otherwise qualified, be again eli¬ 
gible for appointment. 

Resignation of an appointed member. —Any member may resign 
by notifying in writing his desire to do so to the District Magistrate and. 



The District of Abu.—{ VI .— Local Laws.) 


99 


on his resignation being accepted by the Agent to the Governor General, 
he shall be deemed to have vacated his office. 

6. Time of Committee coming into existence. —The Committee shall 
come into existence at such time as the Agent to the Governor General 
may, by notification, appoint in that behalf. 

7. Consequences of establishment of the Committee. —When the 
Committee comes into existence under section 6, the following conse¬ 
quences shall ensue, namely: — 

(a) the Municipal and Sanitary Committee of Mount Abu shall 

cease to exist; 

(b) and all property vested in it shall, for the purposes of this 

Law and subject to all rights existing over, and all debts, 
liabilities and obligations (if any) affecting that property, 
form part of the Municipal fund hereinafter described; 

(c) an officer employed by the Committee mentioned in clause (a) 

at the time when the Committee established under this Law 
comes into existence, shall be deemed to be similarly em¬ 
ployed by the latter Committee; and 

(d) the Committee established under this Law shall be substituted 

for the abolished Committee in all legal proceedings by or 
against the latter pending at the time when it ceased to 
exist. 

8. Appointment of Chairman , Vice-Chairman and Secretary .—The 
Agent to the Governor General shall from time to time appoint from 
amongst the members of the Committee by name or by office, such 
persons as he thinks fit, to be Chairman, Vice-Chairman and Secretary, 
respectively, of the Municipal Committee for such term as he may think 
fit. 

9. Resignation of Chairman , Vice-Chairman or Secretary. —The 
Chairman, Vice-Chairman or Secretary may resign by notifying in 
writing his intention to do so to the Committee, which will submit his 
resignation to the Agent to the Governor General and, on its being 
accepted by the Agent to the Governor General, he shall be deemed 
to have vacated his office. 

10. Powers of Agent to the Governor General to remove appointed 
members .—The Agent to the Governor General may remove any Chair¬ 
man, Vice-Chairman, Secretary or Member of the Committee, whose 
continuance in office is, in his opinion, unnecessary or undesirable, 

11. Special provision in respect of casual vacancies. —The Agent to 
the Governor General shall appoint a person to fill every vacancy occur¬ 
ring on the Committee by reason of the death, resignation or removal of 
a member; provided that if the term of office of that member would, in 
the ordinary course of events, have determined within six months of 




100 


The District op Abu.— (VI, — Local Laws,) 


the occurrence of the vacancy, the Agent to the Governor General may 
direct that the vacancy be left unfilled until the date on which the said 
term of office would have determined. 

12. Death , resignation or removal of Chairman , Vice-Chairman or 
Secretary, —If a Chairman, Vice-Chairman or Secretary dies or resigns 
his oflme or is removed, a new Chairman, Vice-Chairman or Secretary 
shall he appointed by the Agent to the Governor General. 

Conduct of Business . 

13. Time for holding meetings .— (1) The Committee shall meet for 
the transaction of business at least once in every two months on such 
day as may, from time to time, be fixed by the rules under section 112. 

(2) The Chairman, or, in his absence from Abu, the Vice-Chairman 
may, whenever he thinks fit, convene a meeting at any other time. 

14. Quorum .—It shall be necessary for the transaction of any busi¬ 
ness that not less than one-third of the total number of members of the 
Committee for the time being shall be present: 

3 > rovided that when it is necessary to postpone any business at a meet¬ 
ing foi want of the prescribed quorum, the Chairman of the meeting 
shall adjourn the meeting to another date, and the business postponed for 
want of the prescribed quorum shall be transacted on such date, or, in 
the event of a further adjournment of the meeting to a subsequent date, 
on such subsequent date, notwithstanding any deficiency in the camber 
of members present. 

15. Chairman >,f meeting ,—(I) At every meeting of the Committee 
the Chairman, if present, shall preside. 

(2) In the absence of the Chairman, the Vice-Chairman shall preside. 

(3) If both Chairman and Vice-Chairman are absent the members 
present shall elect one of their number to preside. 

16. Vote of majority decisive .—(I) Except as otherwise provided by 
this Law, or by any rule made by the Agent to the Governor General 
under this Law, all questions which may come before any meeting of 
the Committee shall be decided by the majority of the votes of the 
members present and voting. 

(2) In the case of an equality of votes, the Chairman of the meeting 
shall have a second or casting vote. 

17. Resolutions to be recorded and published .— (I) Every resolution 
passed by the Committee at a meeting shall be recorded in a book kept 
for the purpose and shall be signed by the Chairman* 

(2) A copy of every resolution passed by the Committee at a meeting 
shall, within 10 days from the date of the meeting, be forwarded to the 
Secretary to the Agent to the Governor General, for the information of 
the Agent to the Governor General. 



The District of Art.—( VI .— Local Laws.) 


101 


Chapter III. —Officers and Servants. 

18. Employment of other officers and servants. —Subject to the other 
provisions of this Law and the general control of the Agent to the Gov- 
ernor General, the appointment of such officers and servants as may be 
necessary or proper for the efficient execution of the provisions of this 
Law shall rest with the Commit!ee. 

19. Pensions of others. —In the case of an officer or servant appointed 
under the preceding section, the Committee may— 

(t) grant him— 

(a) leave allowances; 

i6) if he is not entitled to pension, or if his monthly pay does 
not exceed ten rupees, a gratuity on resignation or re¬ 
tirement; and 

(w) if empowered in this behalf by the Agent to the Governor 
General— 

(a) subscribe on his behalf for pension or gratuity under the 

rules contained in any general or special orders of the 
Governor General in Council for the time being in force; 
or 

(b) purchase for him from Government or otherwise an an¬ 

nuity on his retirement: 

Provided that no pension, gratuity, leave allowance or annuity shall 
exceed the sum to which, under any general or special orders of the 
Governor General in Council for the time being in force, the officer or 
servant would be entitled if the service had been service under the Gov¬ 
ernment. 

20. Provident Fund . —The Committee may establish and maintain 
a provident fund and may itself contribute thereto. 

21. Penalty on sweepers for failure to discharge their duties .—Should 
any sweeper employed by the Committee, in the absence of a written 
contract authorising him so to do and without reasonable cause, resign 
his employment, or absent himself from his duties without leave or 
without giving one month’s notice to the Committee, or neglect or 
refuse to perform his duties or any of them, he shall be liable to im¬ 
prisonment which may extend to two months, or to fine which may 
extend to fifty rupees. 

22. Authority to contract ,—(7) The Committee may enter into my 
contract whereof the value or amount does not exceed one thowaud 
rupees. 

(2) A contract whereof the value or amount exceeds one thousand 
rupees shall net, be executed until it has been aancticned by the Agent to 
the Governor General. 




102 


The District of Abu.— (FZ. — Local Laws.) 


23. Mode of executing contracts. —(1) Every contract made by or on 
behalf of the Committee whereof the value or amount exceeds fifty 
rupees shall be in writing. 

(2) Every such contract shall be signed by the Chairman of the 
Committee. 

(3) If a contract to which this section applies is executed otherwise 
than in conformity therewith it shall not be binding on the Committee. 

Chapter IV. —Taxation. 

24. 2 axes which may be imposed .—(Z) Subject to any general rules 
or special orders of the Governor General in Council, the Committee, 
with the previous sanction of the Agent to the Governor General, may 
impose in the area to which this Law extends any of the following 
taxes, namely: — 

(a) a tax on buildings and lands not exceeding twelve and a half 
per centum on the annual value; 

*[(&) a tax at a rate not exceeding Es. 50 per annum on persons 
practising any profession or art or carrying on any trade or 
calling in the Municipal area;] 

(<?) a tax not exceeding four rupees a quarter on every vehicle or 
dog kept within the Municipal area or on every animal 
kept therein for riding, driving, draught or burden; 

2 [Provided that in the case of a motor vehicle kept within the 
municipal area during any year or part thereof for purposes other than 
hire, the tax may be imposed at a .rate not exceeding Es. 100 on the 
first such vehicle so kept, Es. 200 on the second such vehicle so kept, 
and Es. 400 on any such vehicle so kept in excess of two.] 

( d ) a toll not exceeding one anna on every vehicle and animal 

used as aforesaid entering the Municipal area; 

(e) an octroi on animals for slaughter, or goods, or both, brought 

within the Municipal area for consumption or use therein; 

(/) a tax not exceeding 3 [six] rupees per annum on persons using 
Municipal dhobi-ghat; and with the previous sanction of 
the Governor General in Council, any other tax: 

Provided that any person may compound for exemption from all tolls 
leviable in respect of any animal or vehicle under clause (<£) by paying 
the tax which would have been leviable in respect thereof under clause 
(o) if it had been kept wititin the area to which this Law extends. 

' * Sutetituted by Notification No. 348-1., dated the 1st June, 192 $. Gazette of 
liuka, 1025, Pt. I, p. 470. 

? Added by Notification No. 611*1., dated the 23rd December, 1925. Gazette 
of India, 1925, Pt. I, p. 1218. 

4 Substituted by Notification No. 1521—699, dated the 12th July, 1922. 
Gazette of India , 1922, Pt. I, p. 844. 



The District of Abu.— { VI.—Local Laws .] 


103 


(2) In this section “ annual value means the gross annual rent tor 
which buildings or lands liable to taxation may reasonably be expected 
to let. 

25. Scavenging tax. —Where the Committee has in exercise of the 
powers conferred by this Law undertaken the house-scavenging of any 
house or building, it may, with the previous sanction of the Agent to 
the Governor General and in the manner by this Law directed, charge 
the occupiers of such house or building, in addition to any other tax 
imposed upon them under this Law, a iax to be called the scavenging 
tax, at such rate or of such amount as it thinks fit. 

Provided that, in fixing the rate or amount of such tax, regard shall 
be had to the principle that the total net proceeds of the tax should not 
exceed the total charges of the hoxise scavenging undertaken by the Com¬ 
mittee. 

26. Water tax. —Besides the taxes mentioned in the foregoing sec¬ 
tions, the Committee, with the previous sanction of the Agent to the 
Governor General, may, for the purpose of constructing or maintaining 
works for the supply of water or paying the principal or interest of any 
loan raised for the construction of such w v orks, impose, in the manner 
by this Law directed, a tax, to be called the water tax, upon buildings 
or lands which are so situated that their occupiers can benefit by the 
works: 

Provided that, in fixing the rate of such tax, regard shall be had to 
the principle that the total net proceeds of the tax, with the estimated 
income from payments for water supplied from the works under special 
contracts, should not exceed the amount required for the said purpose. 

27. Notification of and power to abolish and reduce taxes.~~ rNo tax 
shall come into force until one month after it has been notified, and the 
Agent to the Governor General may, by notification, abolish or reduce 
in amount any tax imposed under the foregoing sections. 

28. Power to exempt from taxation .—( 1 ) The Committee may, with 
the previous sanction of the Agent to the Governor General, exempt in 
whole or in part from the payment of any such tax any person who by 
reason of poverty may, in its opinion, be unable to pay the same. 

(2) The Agent to the Governor General may, by order, exempt in 
whole or in part from the payment of any such tax any person or class 
of persons, or any property or description of property. 

29. Taxes not invalid for defect of form, .—No tax imposed under this 
Law shall he invalid merely for defect of form; and it shall suffice in 
the case of any such tax on property or any assessment of value for the 
purpose of any such tax, that the property taxed o t assessed is so de¬ 
scribed as to be generally known; and it shall not be necessary to name 
the owner or occupier thereof. 




104 


The District of Abu.— (VI.—Local Laws.) 


30. Taxes when paid. —Any tax imposed under the foregoing sections 
and payable periodically shall be payable on such dates and in such 
instalments (if any) as the Committee, with the previous sanction of the 
Agent to the Governor General, may, from time to time, prescribe. 

31. Receipts to be given. —For all sums paid on account of any tax 
under this Law, a receipt stating the amount and the tax on account 
of which it is paid shall be given, on his application, to the person 
making the payment. 

32. Appeals against taxation .—(i) An appeal against the assessment 
or levy of any tax under this Law shall lie to the Secretary to the Agent 
to the Governor General. 

(2) The order of the appellate authority shall be final. 

33. Limitation for appeals .— (1) No appeal shall lie in respect of a 
tax on any building or land unless it is preferred within one. month after 
the publication of the prescribed notice of assessment, and no appeal 
shall lie in respect of any other tax unless it is preferred within one 
month from the time when the demand for the tax is made: 

Provided that an appeal may be admitted after the expiration of the 
period prescribed therefor by this section, if the appellant satisfies the 
appellate authority that he had sufficient cause for not presenting: it 
sooner. 

(2) No appeal shall be entertained unless the amount of the tax to 
which it relates is deposited with the Committee before the appeal is 
preferred. 

34. Taxation not to be questioned except under the Law .—No objec¬ 
tion shall be taken to any valuation or assessment, nor shall the liability 
of any person to be assessed or taxed be questioned, in any other manner 
or by any other authority than is provided in this Law. 

35. Power to examine article liable to octroi. —Every person bringing 
or receiving within the Municipal area any article on which octroi is 
payable shall, when required by an officer authorised by the Committee 
in this behalf, and so far as may be necessary for ascertaining the 
amount of tax chargeable— 

(а) permit that officer to inspect, examine, weigh or otherwise 

deal with the article, and 

(б) communicate to that officer any information and exhibit to him 

any bill, invoice or document of a like nature that he may 
possess relating to the article. 

,36. Power to sea/rch where octroi is leyiable.™-*Ti after the imposition 
of an octroi tax, any person bringing or receiving a conveyance or, 



The District of Abu.—( VI .— Local Laws.) 


105 


package within the Municipal area refuses, on the demand of an officer 
authorised by the Committee in this behalf, to permit such officer to 
inspect the contents of the conveyance or package for the purpose of 
ascertaining whether it contains any articles in respect of which octroi is 
payable, such officer may cause the conveyance or package to be taken 
without unnecessary delay before a Magistrate, who shall cause the in¬ 
spection to be made in his presence. 

37. Presentation of bill for octroi .—Every officer demanding octroi 
by authority of the Committee shall tender to every person introducing 
or receiving any article on which ihe tax is claimed, a bill specifying 
the article taxable, the amount claimed, and the rate ai which the tax 
is calculated. 

38. Recovery of octroi .—(7) In the ease of non-payment of octroi on 
demand, the officer empowered to collect the octroi may seize any article 
on which it is chargeable, or any part thereof of sufficient value to 
satisfy the demand and on making such seizure shall at once report his 
action to the Chairman. 

* 

(2) When the property seized is subject to speedy and natural decay, 
or when the expense of keeping it in custody is likely to exceed its value 
after deduction of the amount to be recovered, the Chairman shall without 
delay cause notice to be served upon the person in whose possession the 
property was seized that it will be sold at once, and shall sell it accord¬ 
ingly unless the amount due including all costs incidental to the notice 
and the detention of the property be forthwith paid. 

(3) Any surplus remaining after deduction from the sale proceeds of 
all such costs and of any costs of the sale shall be forthwith credited to 
the Municipal fund, notice of such credit being given at the same time to 
the person from whose possession the property was taken, bftt, if the- 
surplus he claimed by written application to the Committee within one 
year from the date of the notice, a refund thereof shall he made to such 
person. Any sum not claimed within one year from the date of such 
notice shall he the property of the Committee. 

89. Penalty for evasion of octroi dues. —A person introducing or at¬ 
tempting, to introduce within octroi limits, or abetting the introduction 
within octroi limits of, any goods or animals liable to the payment of 
octroi for which the octroi due on introduction has neither been, paid 
nor tendered, shall he punished with a fine whioh may extend either to- 
ten times the value of such octroi or to fifty rupees, whichever is. 
greater, and which shall not be less than twice the value of such octroi, 

40. Composition. —Subject to the provisions of any rule, the Com¬ 
mittee may by a special resolution confirmed by the Agent to the Gov¬ 
ernor General provide that all or any persons may he allowed to com¬ 
pound for a tax. 



106 


The District of Abu.— ( VI .— Local Laws.) 


Charter V.—Municipal Fund and Property. 

41. Constitution of Municipal Funds. —(2) There shall he formed 
a Municipal Fund, and there shall be placed to the credit thereof— 

(a) all sums received by or on behalf of the Committee under this 

Law or otherwise; 

(b) all fines realised in cases in which prosecutions are instituted 

under this Law or the rules made hereunder, or under sec¬ 
tion 34 of the Police Act, 1861, as locally applied, for 
offences committed within the Municipal area; 

(c) the property described in section 7 (&) of this Law; and this 

fund, together with all property purchased at its expense 
and all property of the nature hereinafter in this section 
specified and situated within the Municipal area, shall be 
vested in the Committee; and subject to the provisions of 
this Law and of the rules framed thereunder and to the 
control of the Agent to the Governor General, the manage¬ 
ment thereof shall be entrusted to the Committee. 

(2) The property hereinbefore referred to includes: — 

(a) all public streets and bridges and the pavements, stones and 

other materials thereof; 

(b) all land or property acquired by Government or by the Agent 

to the Governor General or the Committee for local public 
purposes, and all open spaces, not being private property, 
adjacent to any street or appertaining to any public place 
or building which are managed by or under the control 
of the Committee; 

(o) all public sewers, drains, culverts and water-courses alongside 
or under any public street and all works, materials and 
thing appertaining thereto; and 

(d) all dust, dirt, sewage, refuse, filth and rubbish of any kind, 

collected by the Committee from the streets, houses, pri¬ 
vies, sewers, cesspools or elsewhere, or deposited in any 
place set apart by it for that purpose. 

42. Application of Fund.—(1) The Committee shall, subject to the 
provisions of this Law, set apart and apply annually out of the Muni¬ 
cipal fund— 

(a) firstly , such sum as may be required for the payment of any 
amounts falling due on any loan legally contracted for or 
on behalf of the Committee; 

JP) secondly, eiioh sum as may be required to. meet the charges of 
the Municipal establishment, including such subscriptions, 
contributions, and payments as are referred to in section 

19. 



The District of Abu.— (VI. — Local Laws.) 


107 


(2) Subject to the charges specified in sub-section (1) and to such 
rules as the Agent to the Governor General may make with respect to the 
priority to be given to the several duties of the Committee, the Municipal 
fund shall be applicable to the payment, in whole or in part, of the 
charges and expenses incidental to the following matters within the 
Municipal area, namely: — 

(a) the construction, maintenance, improvement, cleansing and 
repair of public streets, bridges, drains, latrines, and 
water-courses; 

(h) the watering and lighting of such streets; 

(o) the construction, establishment and maintenance of rest- 
houses, markets, pounds and other works of public utility; 

(d) grants-in-aid to schools, hospitals, dispensaries, poor-houses, 

leper asylums and other educational or charitable institu¬ 
tions ; 

( e ) the supply, storage and preservation from pollution of water 

for the use of men or animals; 

(f) the planting and preservation of trees; 

(g) the taking of a census, the registration of births, marriages 

and deaths, public vaccination, and any other sanitary 
measure: 

(7i) the destruction of stray and ownerless' dogs; 

(i) all acts and things which are likely to promote the safety, 

health, welfare or convenience of the inhabitants, or ex¬ 
penditure whereon may be declared by the Committee, with 
the sanction of the Agent to the Governor General, to be 
an appropriate charge on the Municipal fund. 

43. Custody of Municipal Fund,. —The Municipal Fund may he de¬ 
posited with any hanker, or person acting as a hanker, who has given 
•such security for the safe custody and repayment on demand of the 
fund so deposited as the Agent to the Governor General may in each 
case think sufficient. 

44. Investment of same .—(/) The Committee may, from time to time, 
with the previous sanction of the Agent to the Governor General, inve*st 
any portion of the Municipal Bund in securities of the Government of 
India or such other securities as the Governor General in Council may, 
from time to time, approve in this behalf, and vary such investments 
for others of a like nature. 

(2) The income resulting from the securities and the proceeds of 
the sale thereof shall he credited to the Municipal fund. 



108 


The District of Abu.—( VI .— Local Laws .) 


Chapter YI.—Powers for sanitary and other purposes. 

Nuisances . 

45. Offences m road or public place .—(J) Whoever— 

(а) in any street or public place within the Municipal area, 

(t) is drunk and disorderly, or drunk and incapable of taking 
care of himself; or 

(in) eases himself, or wilfully and indecently exposes his 
person; or 

(in) begs importunately for alms; or 

(iv) exposes or exhibits, with the object of exciting charity, any 
deformity or disease or any offensive sore or wound; or 

(v) carries meat exjjpsed to public view; or 

(vi) is found gaming; or 

(vit) pickets animals or collects carts; or 

(vin) being engaged in the removal of night-soil or other offen¬ 
sive matter or rubbish neglects to sweep away or other¬ 
wise effectually remove any portion thereof that may 
spill or fall on to such street or public place; or 

(in) without proper authority, affixes, or causes to be affixed,, 
any bill, notice or other document upon any building, 
monument, post, wall, fence, tree or other thing; or 
(#) without proper authority, defaces, or writes upon, or other¬ 
wise marks any building, monument, post, wall, fence, ( 
tree, or other thing; or 

(an) without proper authority, removes, destroys, defaces or 
otherwise obliterates any notice or other document put 
up or exhibited under this Law; or 

(sit) carries a corpse, or causes a corpse to he carried, without 
keeping it decently covered, or without taking due pre¬ 
caution to prevent risk of infection or injury to the’ 
public health or annoyance to passers-by or to persons*, 
dwelling in the neighbourhood; or 

(б) carries a corpse along a route prohibited by the Committee by 

public notice; or 

(c) deposits or permits his servant to deposit, any offensive* 

matter or rubbish in any place not intended for the pur-* 
pose or on any street or public place, or waste or unoccu¬ 
pied land under the management of the ttommittee; or 

(d) bliving charge of a corpse, fails to bury, barn or otherwise 

lawfully dispose thereof within twenty-four hours after 
death; or 


The District of Abo. — (VI.—Local Laws.) 


109 


(e) keeps or uses, or knowingly permits to be kept or used any 
place as a common gaming-house, or assists in conducting 
the business of any common gaming-house; or 

(/) wilfully intrudes upon a place set apart for bathing purposes 
and incommodes persons lawfully using the same; oi 

(g) at any time or place prohibited by the Committee by general 

or special notice, beats a drum or tomtom, blows a horn or 
trumpet, or beats or sounds any instrument or utensil, or 
plays any music; or 

(h) by singing, screaming or shouting disturbs the public peace or 

order; or 

(i) lets loose any animal so as to cause, or negligently allows any 

animal to cause injury, danger, alarm or annoyance to any 
person; on 

(j) being the occupier of any building or land in or upon which 

an animal dies, neglects, within three hours after the death' 
of the animal, or, if the death occurs at night, within 
three hours after sunrise, either— 

(i) to report the death to the Secretary of the Committee or to 
such officer as may be appointed by him to receive such 
reports, wiih a view to the removal and disposal of the 
carcass by the public conservancy establishment; or 
(it) to remove and dispose of the carcass in accordance with any 
general directions given by the Committee by notice, 
or any special directions given by the Secretary of thf 
Committee or the officer appointed by him on receipt of 
such report as aforesaid; or 

(k) except with the written permission of the Committee, stores 

or uses night-soil, manure, rubbish, or any other substance 
emitting an offensive smell, 

shall be punished with imprisonment for a term which may extend to 
■eight days, or with fine which may extend to fifty rupees. 

(2) Whoever omits to take reasonable means to prevent any child 
under the age of twelve years in his charge from easing himself in any 
■street or public place within the Municipal area, shall be punished with 
fine which may extend to twenty-five rupees. 

Streets and Buildings, 

46. Power to attach brackets for lamps .—The Committee may attach 

to the outside of any building brackets for lamps in such manner as i 
not to cause injury thereto or inoonvenience. 

47. Noams of streets and numbers of bt»IdmgS.~^(l) The Committee 
may, with the previous sanction of the Agent to the Governor General; 



110 


The Distexct op Abu. —(VI . —Local Laws.) 


name any street and cause that name and likewise any number to be 
affixed on any building, and may, from time to time, cause such name 
or number to be altered. 

(2) Whoever destroys, pulls down, alters or defaces any such name 
or number shall, on conviction by a Magistrate, be punished with a 
fine that may extend to twenty rupees. 

48. Roofs and external walls nob to be made of inflammable mate¬ 
rials .—The Committee may, by public notice, direct that, within 
certain limits to be fixed by the notice, the roofs and external walls of 
huts or other buildings shall not, without its permission in writing, 
be made, or renewed with grass, mats, leaves or other highly inflam¬ 
mable materials, and may, by notice in writing, require any person 
who has disobeyed any such direction as aforesaid to remove or alter the 
roofs or walls so made or renewed, as it may think fit. 

49. Poioer to acquire land for building sites adjoining new streets .— 
When any land is required for a new street, or for the improvement of 
an existing street, the Committee may cause to be acquired, in addition 
to the land to be occupied by the street, the land necessary for the 
sites of the buildings to be erected on the sides of the street. 

50. Power to close streets .—The Committee may close temporarily 
any streets, or parts thereof for any public purpose, and, with the per¬ 
mission of the Agent to the Governor General may divert, discontinue 
or permanently close any street. 

51. Power to permit temporary occupation of streets, etc .—The Com¬ 
mittee may grant permission in writing for the temporary occupation of 
any street for the deposit of materials, or for any temporary excavation 
or erection, subject to such conditions and the payment of such fees 
as the Agent to the Governor General may prescribe, and may at its 
discretion withdraw such permission. 

52. Notice of new building .—Every person intending to erect, re- 
erect, alter or repair any building shall give notice of his intention to 
the Committee and shall, if required to do so, submit a plan showing 
the levels at which the foundations and lowest floor are to be laid and 
specifications of the works to be constructed and the materials to be 
used, and shall obey any written directions consistent with this Law 
given by the Committee thereupon; and the Committee may prohibit 
such erection, re-erection, alteration or repair, or sanction it either ab¬ 
solutely or subject to such directions as it may think fit to issue in 
writing in respect of all or any of the following matters, namely free 
passage or roadway, free circulation of air, facilities of scavenging, 
ventilation, drainage level, stability, line of frontage or any other 
matter which the Agent to the Governor General may, from time to 
time, prescribe s 




The District of Abu.— ( VI .— Local Laws.) 


Ill 


Provided that no compensation shall be claimable on account of any 
direction or prohibition under this section. 

If the erection, re-erection, alteration or repair of any building is 
begun without the permission of the Committee or in disobedience to 
any direction issued by the Committee under this section, or continued 
contrary to those directions, the Committee may, by notice, require 
such building to be altered or demolished, and the person so erecting, 
re-erecting, tillering or repairing shall, on conviction by a Magistrate, 
be liable to a fine not exceeding fi\o hundred rupees. 

Explanation. —In this section ihe expression “ erect or re-ercct any 
building ” includes— 

(a) any material alteration or enlargement of any building; 

( b ) the conversion into a place for human habitation of any build¬ 

ing not originally constructed for human habitation; 

(<•) the conversion into more than one place for human habita¬ 
tion of a building originally constructed as one such place; 

(<Z) the conversion of two or more places of human habitation 
into a greater number of such places; 

(e) such alterations of the internal arrangement of a building 

as affect an alteration of its drainage or sanitary arrange¬ 
ments, or affect its security; and 

(f) the addition of any rooms, buildings, out-houses or other 

structures to any building. 

53. Removal of obstructing projections and encroachments. —The 
Committee may, by notice in writing, require the owner or occupier of 
any building to remove or alter any projection, encroachment or ob¬ 
struction built or placed against or in front thereof, if the same over¬ 
hangs or projects into or encroaches on any street, public drain, aque¬ 
duct or sewer, 

54. Troughs and .pipes for rain-water. —The Committee may, by 
notice in writing, require the owner of any building in any street to 
put up and keep in good condition proper troughs and pipes for receiv¬ 
ing and carrying the water from the roof and other parts thereof and 
for discharging the water so as not to inconvenience persons passing 
along the street. 

55. Unauthorised buildings, over drains, etc. —The Committee may, 
by notice in writing, require any person who, without its permission 
in writing, erects or re-erects any building over any public sewer, drain, 
culvert, water-course or water-pipe, to prill down or otherwise deal with 
the said building as it thinks fit- 

60. i Power tt> require untenanted buildings becoming d rmisanoe to be 
tenured or enclosed.-*- The Committee may* by notice in writing, require 




112 


The District of Abu.— (VI. — Local Laws.) 


the owner, or person claiming to be the owner, of any building or land 
which, by reason of abandonment or disputed ownership or for any 
other cause, remains untenanted and thereby becomes a resort of idle 
and disorderly persons or otherwise a nuisance, to secure of enclose the 
same within a reasonable time to be fixed in the notice. 

57. Improper use of land .—The Committee may, by notice in writ¬ 
ing, require the owner, lessee or occupier of any land to abstain from 
the improper use thereof whether by quarrying, or by removing the 
earth, sand, stone or gravel, or by digging a tank, well or pit. 

Dangerous Buildings and Places . 

58. Power to require buildings ; wells , tanks , etc., to be secured .— 
If any building, or any well, tank or other excavation is, for want of 
sufficient repair, protection or enclosure, dangerous to persons passing 
by, or dwelling or working in the neighbourhood, the Committee may, 
by notice in writing, require the owner or occupier thereof to repair, 
protect or enclose it; and, if the Committee considers immediate action 
to be necessary in order to prevent imminent danger, it shall forthwith 
take such steps as are necessary to avert the danger. 

59. Buildings 9 etc ., in ruinous or dangerous state. —If any building, 
wall or structure, or anything affixed thereto, is deemed by the Com¬ 
mittee to be in a ruinous state or in any way dangerous, it may, by 
notice in writing, require the owner or occupier thereof forthwith either 
"to remove the same or to cause such repairs to be made to it as appear 
necessary for the public safety; and, if the Committee considers imme¬ 
diate action to be necessary, in order to prevent imminent danger, it 
may forthwith take such steps as are necessary to avert the danger. 

Boundaries , Trees , etc. 

60. Boundary-walls , hedges and fences. — (1) The Committee may, 
by public notice, prohibit the construction of boundary-walls, hedges 
and other fences of any material or description which is, in its opinion, 
unsuitable, unsightly or otherwise objectionable. 

(2) The Committee may, by notice in writing, require the lessee or 
occupier of any land— 

(a) to remove from the land any boundary-wall, hedge or other 

fence which is, in its opinion, unsuitable, unsightly or 
otherwise objectionable; 

(b) to construct on the land sufficient boundary-walls, hedges or 

other fences of such material, descriptions and dimensions 
as may be specified in the notice; 

(c) to maintain the boundary-walls, hedges or other fences on the 

land in good order. 




The District of Abu. — (VI.—Local Laws.) 


113 


Explanation .—In this section, the expression “ boundary-walls, 
hedges or other fences ” includes all necessary gates and the posts or 
pillars thereof. 

61. Felling of trees of mature growth. — (1) No tree of mature growth 
standing in any private enclosure, shall be felled without the previous 
sanction of the Committee. 

(2) Where in the opinion of the Committee, the felling of any tree 
of mature growth standing in a private enclosure is necessary for sani¬ 
tary reasons, the Committee may, by notice in writing, require the 
lessee or occupier of the land to fell the tree within a time to be speci¬ 
fied in the notice. 


Markets and Slaughter-houses. 

62. Sale in markets of articles unfit for human consumption. —No 
person shall in any market sell, or expose for sale, any article of food 
or drink intended for human consumption which is unfit therefor. 

63. Places for slaughter of animals. —( 1 ) The Committee may fix 
and abolish places either within, or, with the sanction of the Agent to 
the Governor General, beyond the limits of the Municipal area for 
the slaughter for sale of animals or of animals of any specified des¬ 
cription and may with the like approval grant and withdraw licenses 
for the use of such' places, or, if they belong to the Committee charge 
rent or fees for the use thereof. 

(2) When any such place has been fixed no person shall slaughter 
for sale any such animal at any other place within the Municipal area. 

(3) Whoever slaughters for sale any such animal at any other place' 
within the Municipal area shall, on conviction by a Magistrate, be- 
punished with fine which may extend to twenty rupees. 

64. Levy of stallages, rents and fees in public markets .—( 1 ) The' 
Committee may charge for the occupation or use of any stall, shop, 
standing, shed or pen in a public market and lor the right to expose- 
goods for sale in a public market and for weighing and measuring 
goods sold therein, such stallages, rents and fees as shall, from time to 
time, be fixed by it in this behalf. 

(2) A copy of the table of stallages, rents and fees leviable in any 
public market under sub-section (I), printed in the English language 
and in such other language or languages as the Committee may direct, 
shall he affixed in some conspicuous place , in the market. 

Buried, and Burning Placet. 

66. Powers in respect of buried and burning pletdes.—fZ) The Com¬ 
mittee may, by public notice, order a burial at burning ground which 
is certified by the Civil Surgeor or Health Officer to be dangerous, or 




114 


The District of Abu.—( VI .— Local Laws.) 


likely to be dangerous, to the health of persons living in the neighbour¬ 
hood to be closed from a date to be specified in the notice, and shall, 
in such case, if no suitable place for burial or burning exists within a 
reasonable distance, provide a fitting place for the purpose. 

(2) Private burial places in such burial grounds may be excepted 
from the notice, subject to such conditions as the Committee may im¬ 
pose in this behalf: 

Provided that the limits of such burial places are sufficiently defined, 
and that they shall only be used for the burial of members of the 
family of the owners thereof. 

(3) No burial or burning ground, whether public or private, shall 
be made or formed without the permission in writing of the Committee. 

(4) No person shall, except with the permission of the Committee in 
writing, bury or bum, or cause to be buried or burnt, a corpse in a 
place other than a recognized burial or burning ground. 

(5) Should a person bury or burn, or cause or permit to be buried or 
burnt, a corpse, contrary to the provisions of this section, he shall be 
liable upon conviction to a fine which may extend to fifty rupees. 

Inflammable Materials . 

66. Inflammable materials. —The Committee may, should such 
action appear to be necessary for the prevention of danger to life or 
property, by public notice, prohibit all persons from stacking or col¬ 
lecting dry grass, straw or other inflammable materials, or placing 
mats, or erecting booths or thatched huts or lighting fires in any place 
or within any limits specified in the notice. 

Water-pipes, Privies and Drainsl 

67. Cesspool , receptacles for filth , etc. —The Committee may, by 
notice in writing,— 

(a) require any person having the control, whether as owner, 
lessee or occupier, of any land or building— 

(i) to close any offensive cesspool belonging to the land or 
building; or 

(ii) to provide a receptacle (of pattern, if any, approved by the 
Committee) for filth accumulating on or in the land or 
building; or 

(Hi) to keep in a cleanly condition (in such manner, if any, 
as may be prescribed by the notice) any receptacle pro¬ 
vided for such filth; ox 

(iv) to prevent the water of any private latrine, urinal, sink or 
- bath-room, or any other offensive matter, from soaking. 


The District of Abu.— (VI.—Local Laws.) 


115 


draining, dowing, 01 being put from the land or build¬ 
ing upon any street or public place or into any water¬ 
course or mto any drain not intended for the purpose; 
or 

(b) require the owner or other person having the control of any 

private latrine or urinal not to put the same to public use; 
or 

(c) where any plan for the construction of private latrines or 

urinals lias been approved by the Committee and copies 
thereof may be obtained free of charge on application,— 

(i) require any person repairing or constructing a private 
latrine or urinal not to allow it to be used until it has 
been inspected by, or under the direction of, the Com¬ 
mittee and approved by it as conforming with that plan, 
or 

(it) require any person having the control of a private latrine 
or urinal to rebuild or alter it in accordance with that 
plan; 

(d) requiie the owner or other person having the control of any 

private latrine or urinal which, in the opinion of the Com¬ 
mittee, creates a nuisance, to remove the latrine or urinal 
and to substitute fresh earth, to such a depth not exceed¬ 
ing two feet as may be specified in the notice, for the earth 
on which the latrine or urinal stood; or 

(e) require any person having the control, whether as owner, 

lessee or occupier, of any land or building,— 

(i) to have any latrine provided therefor shut out by a sufficient 

roof and wall or fence from the view of persons passing 
by, or dwelling or working in the neighbourhood, or 

(ii) to cleanse with deodorants any latrine or urinal belonging 

to the land or building; or 

(/) require any person who has the Control, whether as owner, 
lessee or occupier, of any land or building, and has allowed 
any offensive matter dr rubbish to accumulate or remain 
thereon or therein, to collect the same and deposit it for 
removal by the public conservancy establishment at such 
times and in such receptacles or places, situate at not more 
than one hundred feet from the nearest boundary of the 
premises, as may be specified in the notice; or 

({/) where any land or building is situate within one hundred 
feet of a public drain or other place set apart for the .dis¬ 
charge of drainage and the drains bilon^iAg to the land 
or building arc, in the opinion el the Committee, insuffi¬ 
cient, * require any person having control of the land or 



116 


The District of Abu.— {VI.—Local Laws.) 


building, whether as owner or lessee or, in the case of 
neighbouring lands or buildings, the several lessees or own¬ 
ers having control of the lands or buildings conjointly, to 
provide sufficient drainage within fifteen days from the 
service of the notice; or 

{K) require any person to desist from making or altering any drain 
leading into a public drain; or 

( i) require any person who is creating, or likely to create, a nuis¬ 

ance by— 

(i) altering, obstructing or encroaching upon a public drain, 
or 

(it) impeding the flow of water owing to the absence of a 
culvert or the existence of an insufficient culvert under a 
path leading to his premises, to desist therefrom; or 

(j) require any person who is constructing or laying a drain to 

obey any directions which the Committee may think fit to 
give in order to ensure the completion of the work to its 
satisfaction; or 

(k) require any person, being the owner and having the control of 

any drain, to provide and apply to the same within ten 
days from the service of the notice, such covering as may be 
specified in the notice; or 

(l) require any person having the control of a drain to remove, 

within a period to be specified in the notice, any obstruc¬ 
tion therefrom or to clean, purify, repair or alter it or 
otherwise put it in good order; or 

(m) require any person, being the owner or having the control 
of any well to disinfect or otherwise purify it or protect 
it against contamination in such manner and within such 
period as may be specified in the notice. 

68. Provision of latrines , etc. — {!) The Committee may, by notice in 
writing, require the owner or lessee of any building or land, in such 
manner as may be specified in the notice to remove any latrine, urinal, 
cesspool, or other receptacle for filth, or to provide any latrines, urinals, 
cesspools or other receptacles which should, in its opinion, be provided 
for the building or land. 

(9) The Committee may, by notice in writing, require any person 
employing more than twenty workmen or labourers to provide such 
latrines and urinals as it may think fit, and to cause the same to be 
kept in proper order and to be daily cleansed. 

69. Removal of lati*ine $, etc ,., near any source of watet-snyyly 

The Committee may, by notice in writing, require any owner or occupier 


The District of Abu. — (VI.—Local Laws.) 


117 


or whose land any drain, latrine, urinal, cesspool or other receptacle 
for filth or refuse for the time being exists within fifty feet of any 
spring, well, reservoir or other water source, to remove or close the 
same within one week from the service of such notice. 

70. Power to require drainage, etc., of unwholesome land , etc .—The 
Committee may, by notice in writing, require the owner or occupier of 
any land or building to cleanse, repair, cover, fill up or drain off any 
private land, well, reservoir, pool or excavation therein which appears 
to it to be injurious to health or offensive to the neighbourhood. 


Buildings and ground in insanitary condition. 

71. Removal of over-crouuied buildings. —(1) Where it appears to 
the Committee that any buildings are unduly crowded together, it may 
■cause them to be inspected by a Special Committee consisting of— 

(а) the Civil Surgeon of Abu, or, if his services are not available, 

some other medical officer of the Government, and 

(б) the Executive Engineer, or some person deputed by the Exe¬ 

cutive Engineer in this behalf. 

(2) The Special Committee shall make a report in writing to the 
Committee on the sanitary condition of the buildings; and, if the 
Special Committee considers that the over-crowding is likely to cause 
risk of disease to the inhabitants of the buildings or of the neighbour* 
hood, or to endanger the public health, it shall clearly indicate, on a 
plan verified by the Executive Engineer or by the person deputed by 
him to serve on his behalf, the buildings which should, wholly or in 
part, be removed. 

(3) If, upon receipt of such report, the Committee is of opinion that 
all or any of the buildings indicated should be removed, it may, by 
notice in writing, require the owners thereof to remove them: 

Provided, firstly, that the Committee shall make compensation to 
such owners for any buildings which may have been erected under 
proper authority; and 

Provided, secondly, that the Committee may, if it appears to be 
equitable under the circumstances to do so, pay to such owners such 
sum as it may think fit as compensation for any buildings which may 
not have been erected under proper authority, 

( 4 ) The sum payable as compensation under the first proviso to sub¬ 
section (3) may be settled by mutual agreement between the Committee 
and such owners as aforesaid, or, in default of agreement, by a com¬ 
mittee of arbitration appointed by the Agent to the Governor General. 

In this section, the word buildings ?*' includes euclo* 

cure walls o? fences connected wihh buildings. 




118 


The District or Abo.— ( VI .— Local Laws.) 


72. Reduction of number of inmates of over-crowded dwelling.— 
Where it appears to the Committee that any building used as a dwel¬ 
ling is so oyer-crowded as to endanger the health of the inmates thereof , 
it may, after such inquiry as it thinks fit, by notice in writing, require 
the owner or occupier, within a time to be specified in the notice, to 
abate the over-crowding of the building by reducing the number of 
lodgers, tenants or other inmates. 

73. Power to require that building be repaired or altered so as to 
remove sanitary defects .—( 1 ) Where any building is so ill-constructed 
or dilapidated as to be, in the opinion of the Committee, in an insani¬ 
tary state, the Committee may, by notice in writing, require the owner, 
within a time to be specified in the notice, to execute such repairs, or 
to make such alterations, as it may think necessary in order to remove 
such defects. 

(2) A copy of every notice issued under sub-section (1) shall be con¬ 
spicuously posted on the building to which the notice relates. 

Explanation. —A notice issued under sub-section (1) shall be deemed 
to have been complied with if the owner of the building to which it 
relates has, instead of executing the repairs or making the alterations 
directed by the notice, removed the building. 

74. Power to require owner to clear away noxious vegetation. —The 
Committee may, by notice in writing, require the owner or occupier of 
any land to clear away and remove any vegetation, or undergrowth 
which may be injurious to health or offensive to the neighbourhood. 

75. Power to trim hedges and trees bordering on streets .—The Com¬ 
mittee may, by notice in writing, require the owner or occupier of any 
land to cut or trim the hedges thereof bordering on any street, or any 
branches of trees growing thereon which overhang any street and ob¬ 
struct the same- or cause danger, or which so overhang any well, tank 
or other water source as to be likely to pollute the water thereof. 

76. Power to have building or land cleansed. —If the owner or occu¬ 
pier of any building or land suffers it to be in a filthy or unwholesome 
state, the Committee may, by notice in writing, require him within 
twenty-four hours to cleanse the same or otherwise put it in a proper 
state. 

77. Building unfit for habitation .—(1) Should a building, or a room 
in a building be, in the opinion of the Committee, unfit for human ' 
habitation in consequence of the want of proper means of drainage or 
ventilation or otherwise, the Committee may, by notice, prohibit the 
owner or occupier thereof from using the building or room for human 
habitation or suffering it to be so used either absolutely or unless, 
within a time to he specified in the notice, he effects snch alteration 
therein as is prescribed in the notice. 



The District op Abu.— { VI .— Local Laws.) 


119 


{2) Upon failure of a person to whom notice is issued under sub¬ 
section (j l) to comply therewith, it shall be lawful for the Committee to 
require by further notice the demolition of the building or room. 

78. Control of bungalows set apart for the residence of Government 
officials. —If the owner of a bungalow, which, before the commencement 
of this Law, has by custom, agreement, or order of the Agent to the 
Governor General, been set apart for the residence of Government 
officials, allows it to fall into an insanitary, dilapidated or uninhabit¬ 
able condition, and fails, within a reasonable time, to carry out such 
repairs as the Committee may by written notice direct, the Agent to 
the Governor General may, after giving the owner fifteen days’ notice 
in writing, proceed either to dispose of the building by public auction, 
on such conditions as ho limy think fit to impose, or resume or acquire 
the site after payment to the owner of such compensation as may appear 
to the Agent to the Governor General to lie equitable in the circum¬ 
stances. 

79. Cultivation , use of manure or 'irrigation injurious to healthy 
after prohibition. —(7) If it appears to the Committee, on the report of 
the Civil Surgeon of Abu, that the cultivation of any description of 
crop or the use of any kind of manure or the irrigation of land in any 
specified maimer in auv place within the limits of the Municipal area 
is injurious to the health of persons dwelling in the neighbourhood, 
it may, by notification, prohibit the cultivation of the crop, the use of 
the manure, or the irrigation so reported to be injurious, or regulate 
such cultivation, use or irrigation by imposing such conditions thereon 
as may prevent injury: 

Provided that when on any land to which such notification applies 
the act prohibited has been practised in the ordinary course of husbandry 
during the five years next preceding the notification, compensation shall 
be paid from the Municipal fund to all persons interested therein for any 
damage caused to them by the effect of such notification. 

(2) If any person cultivates, uses manure or irrigates in disregard of 
the prohibitions or conditions notified under sub-section (7), he shall, on 
conviction by a Magistrate, be punished with fine which may extend to 
fifty rupees, and with a further fine which may extend to five rupees for 
every day after the date of such conviction during which the offender 
is proved before a Magistrate to have persisted in tfye offence. 

House AacommodMion* 

80. Power to cause bungalows bet apart for the residence of Gov* 
eminent officials to be let to a specified officers — If before the Commence* 
meat of this Law, any bungalow has, bycuefom* agreement, or order 
of the Agent to the Governor General, been set apart as a residence 




120 


The District of Abu. —(VI . —Local Laws.) 


for Government officials, the Committee may, with the previous sanc¬ 
tion of the Agent to the Governor General, hy notice in writing,— 

(a) require the owner io let the house to the officer named in 

the notice; 

( b) require the existing tenant to vacate it; 

(c) fix the rent payable by the officer named in the notice. 


Registration of Trades. 

81. Regulation of offensive and dangerous trades .—( 1 ) The owner 
or occupier of every place within the Municipal area used for any of the 
following purposes, namely: 

(а) melting tallow, or boiling bones, offal or blood; or 

(б) as a soap house, oil boiling house, dyeing house, tannery,, 

brick-kiln, pottery or lime-kiln; or 

(c) as a manufactory or place of business from which offensive or 

unwholesome smells arise; or 

(d) as a yard or dep6t for trade in hay, straw, thatching grass, 

wood, coal or other highly inflammable material; or 

(e) as a store-house for kerosene, petroleum, naphtha or any in¬ 

flammable oil, spirit or explosive substance; 

shall register the same in a book to be kept by the Committee for the- 
purpose. 

(2) No place shall be newly used for any of the said purposes except 
under a license from the Committee which shall be renewable annually. 

(3) The license shall not be withheld unless the Committee considers 
that the business which it is intended to establish or maintain would be* 
offensive or dangerous to persons residing in or frequenting the imme¬ 
diate neighbourhood. 

(4) The Committee may charge such fees for such licenses, and may 
impose such conditions in respect thereof, as the Agent to the Governor’ 
General may approve. 

(5) Whoever, without such registration or without a license, uses 
any place for any such purpose shall, on conviction by a Magistrate, be* 
punished with fine which may extend to fifty rupees, and with further 
fine which may extend to 10 rupees for every day during which the f 
offender is proved before a Magistrate to have persisted in the offence 
after he has been convicted thereof; and the Committee may, after con¬ 
viction, by a notice in writing, direct that the use of such place for 
such purpose shall be discontinued. 

(d) The Committee, or any person specially authorised by it in writ¬ 
ing in this behalf, may at any time enter and inspect any place or build 1 



The District of Abu.— ( VI .— Local Laws.) 


121 


ing which there is reason to believe is used without license for any of 
the purposes enumerated in this section. 

82. Tower to 'prohibit such trades. — (1) If it is shown to the satis¬ 
faction of the Committee that any place licensed under section 81 is a 
nuisance to the neighbourhood, or likely to be dangerous to life, health 
or property, it may, by notice in writing, require the occupier thereof 
to discontinue the use of the place, or to use it in such manner as will, 
in the opinion of the Committee, render it no longer a nuisance or 
dangerous. 

(2) Whoever, after such notice has been given, uses any such place, 
or permits it to be used in disregard of such requisition shall, on con¬ 
viction, be punished with fine which may extend to two hundred rupees 
and with further fine which may extend to forty rupees for every sub¬ 
sequent day during which the offence is proved before a Magistrate to 
have been persisted in. 

83. Particulars to be printed on books and papers. —Every book or 
paper printed within the Municipal area shall have printed legibly on 
it the name of the printer and the place of printing and (if the book or 
paper be published) of the publisher and the place of publication. 

84. Keeper of printing press to make decimation, —No person shall, 
within the Municipal area, keep in his possession any press for the 
printing of books or papers unless he has made and subscribed the 
following declaration before the Committee: — 

“ I, A. B., declare that 1 have a press for printing at ” and this 
last blank shall be filled up with a true and preoise description of the 
place where such press may be situate. 

86. 'Execution of acts required to be done by any notice. —When any 
notice under this chapter requires any act to be done for which no time 
is fixed by this Law, it shall fix a reasonable time for doing such act. 

86. Compensation for damage caused by exercise of powers under 
this Law. —The Committee may make compensation out of the Municipal 
fund to any person sustaining any damage by reason of the exeroise of 
any of the powers vested in the Committee, its officers and servants 
under this Law, and shall make such compensation where the person 
sustaining the damage was not himself in default in the matter in respect 
of which the power was exercised: where the compensation is claimable 
on account of injury to buildings, it shall be settled by mutual agree* 
ment between the Committee and the owners of the said buildings, or, 
in default of" agreement, by a Committee of arbitration appointed by 
the Agent to the Governor General. 

Appointment of Agents by Absentee Owners. , 

87, Duty of absentee owner to appoint agent.~^{f) Whoever, being 
-the owner of any building in the Mnnioipal ansa, is absent ^therefrom, 



122 


The District of Abo.—(FZ.— Local Laws.) 


shall appoint some person residing in or near the Municipal area to 
act as his agent for all the purposes of this Law and shall notify such 
appointment to the Committee. 

(2) Whoever fails to appoint an agent, as required by sub-section 
(Z), shall be punishable with fine which may extend to twenty rupees, 
and, in the case of a continuing failure, with an additional fine, not 
exceeding five rupees for every day during which the offender is proved 
before a Magistrate to have persisted in the offence after he has been 
convicted thereof. 

Chapter YII,—Powers of Entry and Inspection. 

88. Power to enter and inspect buildings or land .—The Committee, 
by itself or by any person generally or specially authorised by it in 
this behalf, may enter into or on and inspect any building or land in, 
on, or in respect of which the Committee has reason to believe— 

. (a) that a breach of any of the provisions of this Law or of the 
rules made under it has been committed; or 

(6) that any notice issued under this Law has not been duly 
complied with; or 

(c) that any conditions imposed under this Law have not been 

duly observed; or 

(d) that any notice should be issued under this Law. 

89. Inspection of drains , primes and cesspools. —( 1) The Committee* 
or any person authorised by it in this behalf, may, after giving six 
hours’ notice in writing to the occupier of any land or building in 
which any drain, privy or cesspool, is situated, inspect any such drain, 
privy or cesspool, and may, if necessary, cause the ground to be opened 
wherever it may think fit for the purpose of preventing or removing any 
nuisance arising therefrom. 

( 2 ) If on such inspection it appears that the opening of the ground 
was necessary for the prevention or removal of a nuisance, the expenses 
thereby incurred shall be paid by the owner of the land or building or 
by the occupier, as the Committee may direct; but if it is found that 
no nuisance exists, or but for such opening would have existed, the 
ground shall be closed and made good as soon as may he, and the ex¬ 
pense of opening, closing and making it good shall be paid from the 
Municipal fund. 

90. Power to enter and inspect buildings, etc .—The Committee, or 
any person authorised by it in this behalf, may, after giving twenty- 
four hours’ notice in writing to the occupier or, if there is no occupier, 
to the owner of any building, enter and inspect the building and may 
by notice direct that all or any part thereof be forthwith internally or 
externally lime-washed, disinfected or otherwise cleansed. 



The District of Abu. — (1 71.—Local Laws.) 


123 


91. Other 'powers of entry on bmldmg or land .—The Committee, or 
any person authorised by it in this behalf, may, after giving twenty- 
four hours’ notice in writing to the occupier or, if there is no occupier, 
to the owner of any building or land,— 

(a) enter on and survey and take levels of any land; or 

(b) enter, inspect and measure any building for the purpose of 

valuation; or 

(c) enter into any building or any land for the purpose of ex¬ 

amining works under construction, of ascertaining the 
course of sewers or drains, or of executing or repairing any 
work authorised by this Law. 

92. Power to enter for rhsoovery of vehicles or annuals Viable to 
taxation. —The Committee, or any person authorised by it in this behalf, 
may enter and inspect any stable, coach-house or other place wherein 
there is reason to believe that there is any vehicle or animal liable to 
taxation under this Law. 

93. Power to inspect places for sale of food or drmh , etc., and to 
seize unwholesomie articles exposed for sale. —The Committee, or any 
person authorised by it in writing in this behalf, may, at all reasonable 
times, enter into and inspect any market, building, shop, stall or place 
used for sale of food or drink for human consumption, or as a slaughter¬ 
house, or for sale of drugs, and inspect and examine any food or drink, 
drug or animal which may bo therein, and if any article of food or 
drink, or any animal therein appears to be intended for human consump¬ 
tion and to be unfit therefor, may seisse and remove the same, or may 
cause it to he destroyed, or to he so disposed of, as to prevent its being 
exposed for sale or used for such consumption. 

And if it is reasonably suspected that any article of food or drink or 
any drug has been adulterated in such manner as to render it noxious or* 
to lessen its efficacy, or to change its operation, may remove the same 
giving a receipt therefor, and may cause it to he brought before a 
Magistrate for inquiry whether any offence has been committed in 
respect thereof and for his orders as to its disposal. 

94. Time of entry .—Every entry made under any of the foregoing 
sections 88 to 93, shall he made between sunrise and sunset: 

Provided that, if in any such case the authority empowered by any 
of the said sections to make or authorise an entry thinks it necessary in 
the interest of the public health or safety that entry should be uiade at 
any other time it may, for reasons to be recorded in writing, make such 
entry or authorise it to be made, at any reasonable time between sunset 
and sunrise. , . 

r, Qk pofyer of entry for purposes of tcawngfag.^1) lAto Committee 
may provide for the performance by its agents of the duties usually 



124 


The District of Abu.—( VI.—Local Laws .) 


performed by sweepers in respect of any buildings or lands, or of any 
drains, privies, cesspools or other receptacles for offensive matter per¬ 
taining to buildings or lands. 

(2) Such provision may be made in respect of individual buildings or 
-lands, or of buildings or lands generally. 

(3) Nothing m this section or section 25 shall be deemed to preclude 
the Committee from making provision of a different nature for different 
buildings or lands, and charging scavenging tax' at different rates there¬ 
for, or from exempting wholly or in part from such tax at its discretion 
any individual who has made arrangements to its satisfaction for the 
performance of the duties aforesaid. 

(4) The servants of the Committee employed in house-scavenging 
may enter on any property at all reasonable times so far as may be 
necessary for the proper discharge of their duties; and the Committee, 
or any person authorised by it in this behalf, may enter on any property 
at all reasonable times for the purpose of ascertaining that such duties 
have been duly performed. 

Cir after YIII.— Offences Affecting* the Public Health, Safety or 

Convenience. 

96. Discharging sewage .—Whoever, without the permission of the 
Committee, causes or allows the water of any sink, sewer or cesspool or 
any other offensive matter, to pass or be put upon any street or public 
place, or into any sewer or drain not set apart for the purpose shall, on 
‘conviction by a Magistrate, be punished with fine which may extend 
to fifty rupees. 

97. Norwemoval of filth, etc .—Whoever, being the owner or occu¬ 
pier of any building or land, keeps or allows to be kept for more than 
twenty-four hours, or otherwise than in some proper receptacle, any 
dirt, dung, bones, ashes, night-soil or filth, or any noxious or offensive 
matter, in or upon such building or land, of suffers any such receptacle to 
be in a filthy or noxious state, or neglects to employ proper means to 
■ cleanse and purify it, shall, on conviction by a Magistrate, be punished 
with fine which may extend to fifty rupees. 

98. Making or altering drains without authority .—Whoever, without 
the permission of the Committee, makes or causes to be made, or alters or 
‘Causes to be altered, any drain leading to any public sewer or drain 
under the management of the Committee, shall, on conviction by a 
Magistrate, be punished with fine which may extend to fifty rupees. 

99. Penalty for making or keeping latrines, etcnear any source of 
water-supply.—' Whoever makes, without the permission of the Com¬ 
mittee, or keeps for a larger time than one week after notice to remove, 
issued Uuder section 69, any drain, latrine, urinal, cesspool or other 



The District of Abu.—( VI .— Local Laws.) 


12& 


receptacle for filth or refuse within fifty feet of any spring, well, tank, 
reservoir or other water source, shall, on conviction by a Magistrate, 
be punished with fine which may extend to twenty rupees, and, when a 
notice has been issued, with a further fine which may extend to five 
rupees for each day during which the offender is proved before a Magis¬ 
trate to have persisted in the offence after the lapse of the period allowed 
for removal. 

100. Keeping animals so as to he injurious 1o health .—Whoever 
keeps any swine in disregard of any orders which the Committee may 
give to prevent them from becoming a nuisance, or keeps any other 
animals so as to be injurious to health or to become a nuisance, shall, 
on conviction by a Magistrate, be punished with fine which may extend 
to twenty rupees, and with a further fine which may extend to five 
rupees for every day during which the offender is proved before a 
Magistrate to have persisted in the offence after he has been convicted 
thereof. 

101. Acts done by persons suffering from, certain disorders .—Who¬ 
ever, while suffering from an infectious, contagious or loathsome dis¬ 
order,— 

(a) makes or offers for sale any article of food or drink for human. 

consumption, or any medicine or drug, or 

(b) takes any part in the business of washing, or of carrying, 

soiled clothes, shall be punished with fine which may ex¬ 
tend to twenty rupees. 

102. Driving vehicles without proper lights .—Whoever drives any 
vehicle after dark in a street unless the vehicle is properly supplied with' 
lights, or there is sufficient moonlight to render lights unnecessary, 
shall, on conviction by a Magistrate, be punished with fine which may 
extend to twenty rupees. 

103. Discharging fire-arms, fire-works , etc. —Whoever discharges fire¬ 
arms or air-guns or lets off fire-works or fire-balloons or engages in any 
game in such a manner as to cause danger to persons passing by or dwel¬ 
ling or working in the neighbourhood or risk of injury to property, shall, 
on conviction by a Magistrate, be punished with fine which may extend 
to twenty rupees. 

104. Suffering dogs to be at large.*— Whoever being the owner ot 
person in charge of any dog is likely to annoy or intimidate passengers, 
allows it to be at large without a muzzle in any street or public place 
shall, on conviction by a Magistrate, be punished with fine which may 
extend to twenty rupees. 

106, Altering, obstructing or encroaching upon street, 
eyer, without the permissionof the Committee, niters, obstructs, or 
encroaches upon any street or public drain, aqueduct or sewer or die-- 



12fi 


The District oe Abxj. — {VI.—Local Laws.) 


places, takes up, or alters the pavement or other materials or the fences, 
or posts of any street or public place, or deposits building materials or 
makes any hole or excavation on or in any street, shall, on conviction 
by a Magistrate, be punished with fine which may extend to one 
hundred rupees. 

106. Loitering or importuning for sexual immorality .— Whoever, in 
any street or public place, loiters for the purpose of prostitution or im¬ 
portunes any person to the commission of sexual immorality, shall be 
punished with imprisonment for a term which may extend to eight 
days, or with fine which may extend to fifty rupees: 

Provided that no Court shall take cognizance of an offence under 
this section except on the complaint of the person importuned, or on the 
complaint of a Municipal officer or a police officer not below the rank 
of Sub-Inspector respectively authorised in this behalf in writing by 
the Committee or the District Magistrate. 

107. Destroying direction-posts, lamp-posts, etc .—Whoever, without 
being authorised bv the Committee, defaces or disturbs any direction- 
post or lamp-post or extinguishes any light in any street or public place, 
shall, on conviction by a Magistrate, be punished with fine which may 
extend to twenty rupees. 

108. Penalty for printing , publishing or keeping a press contrary to 
rules in sections 83 and 84. —Whoever prints or publishes any' book or 
paper otherwise than in conformity with the provisions of section 83 
of this I/aw, or keeps in his possession any such press as aforesaid with¬ 
out making the declaration required by section 84 of this Law, shall, 
on conviction by a Magistrate, be punished with fine not exceeding five 
rupees or with expulsion from the area, or with both. 

109. Penalty for disobedience of orders under Chapter VI. —Who¬ 
ever disobeys any lawful directions given by public notice or disobeys 
any written notice lawfully issued under the powers conferred by 
Chapter VI or by sections 114 and 116 or by rules under section 112 
of this Law, or fails to comply with the conditions subject to which 
any permission was given to him under those powers, shall, if the dis¬ 
obedience or failure is not an offence punishable under any other section, 
on conviction before a Magistrate, be punished with fine which may 
extend to fifty rupees, and in the case of a continuing breach, with a, 
further fine which may extend to five rupees for every day after the 
date of the conviction during which he is proved before a Magistrate to 
have persisted in the disobedience or failure: 

Provided that when the notice fixes a time within which a certain 
act is to be done and no time is specified in this Law, it shall rest with, 
the Magistrate to determine whether the time so fixed was a reasonable 
time within the meaning of the Law. 


The District of Abu. — [VI.—Local Laws.) 


127 


J10. Penalty for sale or manufacture of food or drugs not of the 
proper nature , substance or quality .—Whoever sells to the prejudice of 
the purchaser any article of food or any drug which is not of the nature, 
substance or quality of ihe article or drug demanded by such purchaser, 
or sells or offers or exposes for sale or manufacture for sale any article 
of food or any drug which is not of the nature, substance or quality 
which it purports to be, shall, on conviction before a Magistrate, be 
punished for the first offence with fine which may extend to one hundred 
rupees and for a second or any subsequent offence with fine which may 
•extend to five hundi ed rupees : 

Provided ihat no offence shall bo deemed to have been committed 
under this section in the following cases, that is to say— 

(а) where any matter or ingredient not injurious to health has 

been added to the food or drug because the same is re¬ 
quired for the production or preparation thereof as an 
article of commerce in a state fit for carriage or consump¬ 
tion, and not fraudulently to increase the bulk, weight or 
measure of the food or drug or conceal the inferior quality 
thereof; 

(б) where in the process of production, preparation or convey¬ 

ance of such article of food or drug some extraneous sub¬ 
stance has unavoidably become intermixed therewith; 

(c) where any matter or ingredient not injurious to health has 

been added to or mixed with such article of food or drug 
and before the sale thereof the seller has brought to the 
notice of the purchaser, either by means of a label distinctly 
and legibly written or printed on or with the article or 
drug or otherwise, the fact that such matter or ingredient 
has been so added or mixed; 

(d) where the article of food or drug is a proprietary food or 

medicine. 

In a prosecution under this section the Court may presume that any 
article of food or any drug found in the possession of a person who is in 
the habit of manufacturing like articles or drug has been manufactured 
for sale. 


Chattoe IX.— Gont&ol. 

111. Control .— The Committee shall he subject in all respect to the 
control of the Agent to the Governor General. 

113- Rul&s.—(1) The Agent to the Governor • General may, from 
time to time, make rules to carry out the purposes of this Law. 
iv r 



128 


The District of Abu.— (VI. — Local Laws.) 


(2) In particular and without prejudice to the generality of the fore¬ 
going power such rules may provide for— 

(a) (i) the duties and terms of office of members of the Com¬ 
mittee ; 

(n) the conduct of proceedings of meetings of the Committee; 

(i) the assessment and recovery of taxes, fees and monies claim¬ 

able under this Law and for preventing evasion thereof; 

(c) the authority on which money may be paid from the Muni¬ 
cipal Fund; 

(i d ) the condition on which property in the Municipal area may be* 
transferred by sale, mortgage, lease, ex<jhange or other¬ 
wise; 

(e) the control of traffic, public processions and music; 

(/) the registration of births and deaths, the regulation of vacci¬ 
nation, compulsory or otherwise, and the taking of a 
census; 

( g ) the offences under this Law or under rules made or enactments 

extended thereunder which shall be cognizable by the 
police; 

(h) the proper regulation of hotels and buildings let in lodgings 

or occupied by more than one family; 

(fc) the proper regulation of cattle-pounds, dhobi-ghats, and serais; 

(j) the prevention and treatment of infectious or contagious dis¬ 

orders ; 

(&) the regulation and guidance of committees appointed under 
sections 71 and 86 and for the conduct of proceedings at 
meetings of such committees; and 

(Z) the exemption of persons or localities from the provisions of 
this Law. 

(3) In making any rule under this section, the Agent to the Gov¬ 
ernor General may direct that the breach of it shall be punished, om 
conviction by a Magistrate, with fine which may extend to fifty rupees, 
and, when the breach is a continuing breach, with a further fine which* 
may extend to five rupees for every day after the date of such conviction, 
during which the offender is proved before a Magistrate to have persisted’ 
in the offence. 

(4) No rule under sub-section (1) shall come into force until it has- 
been notified by the Agent to the Governor General. 

118. Delegation of powers hy the Committee .—The Committee may, 
with the previous sanction of the Agent to the Governor General, by~ 
resolution, delegate to the Chairm&n, Vice-Chairman or a sub-committee^ 



The District or Abtj. — (VI.—Local Laws,) 


129 


XLV of 1860. 
Vof 1898. 


all or any of the powers conferred upon it by this Law in respect of all 
or particular classes of cases arising thereunder and may with the like 
sanction by resolution withdraw the powers so delegated. 

114. Removal and exclusion from Municipal area of disorderly 
persons , etc .— (1) The District Magistrate, on receiving information that 
any person, -whether resident in or frequenting the Municipal area— 

(a) is a disorderly person keeping or frequenting a common gam¬ 

ing house, a disorderly drinking-shop or a disorderly house 
of any other description, or 

(b) has been convicted more than once, either within the Muni¬ 

cipal area or elsewhere, of an offence punishable under 
Chapter XVII of the Indian Penal Code; or 

(c) has been ordered, under Chapter VIII of the Code of Cri¬ 

minal Procedure, 1898, either within the Municipal area 
or elsewhere, to execute a bond for his good behaviour, 
may make an order, m writing, setting forth the substance of the in¬ 
formation received, and issue a summons requiring the person to show 
cause why he should not be required to remove from the Municipal 
area and be prohibited from re-entering it. 

(2) Every summons issued under sub-section (I) shall be aecompa* 
nied by a copy of the order aforesaid, and the copy shall be delivered 
by the officer serving the summons to the person on whom the summons 
is served. 

(3) The District Magistrate shall, when the person so summoned 
appears before him, proceed to inquire into the truth of the informa¬ 
tion received and take such further evidence as he thinks fit. If upon 
such inquiry, it appears to him lo be necessary for the maintenance of 
good order that the person should be required to remove from the Muni¬ 
cipal area and be prohibited from re-entering it ? the District Magistrate 
shall report the matter to the Agent to the Governor General. If the 
Agent to ihe Governor General so directs, the District Magistrate shall 
issue a notice in writing requiring the person to remove from the 
Municipal area within a time to be specified in the notice and prohibit¬ 
ing him from re-entering it without the permission in writing of the 
Agent to the Governor General. 

115. General power of removal and exclusion from the Municipal 
area .—The Agent to the Governor General, if he thinks it expedient 
to exclude any person from the Municipal area, whether with or without 
assigning any reason therefor, shall send to the District Magistrate 
an order in writing to that effect, and the District Magistrate ahhU cause 
a copy of the order to be served on the person, together with a notice in 
writing requiring him to remove from the Municipal area within a time 
/to be specified in the notice, tod prohibiting him from re-entering it 
without the permission in writing of the Agent to the Governor General} 

* 2 



130 


The District or Abu.—(TV .—Local Laws .) 


Provided that no such order as aforesaid shall be made where the 
only reason for making it is that the person— 

(a) is disorderly, or 

( b ) lias been convicted of an offence punishable under Chapter 

XVII of the Indian Penal Code, or xLV of 18t( 

(c) has been ordered under Chapter VIII of the Code of Cri¬ 

minal Procedure, 1898, to execute a bond for his good V of 1898. 

behaviour. 

116. Harbouring or concealing ye non ordered to remove from and 
prohibited from re-entering the Municipal area, .—Whoever, knowing 
that any person has, under section 114 or section 115, been required to 
remove from the Municipal area and has not obtained the requisite 
permission to re-enter it, harbours or conceals such person in the Muni¬ 
cipal area, shall be punished with imprisonment for a term which may 
extend to eight days, or with fine which may extend to fifty rupees. 

Chapter X. —Supplementary. 

117. Penalty on member , officer , or servant of Commit tee being in¬ 
terested in contract made with the Committee .—If any member, officer, 
or servant of the Committee is, otherwise than with the permission in 
writing of the Agent to the Governor General, directly or indirectly 
interested in any contract made with the Committee, he shall be deemed 
to have committed an offence under section 168 of the Indian Penal 

Code - XLY of I860 

118. Suits and 'prosecutions against Committee. —No suit or prose¬ 
cution shall he entertained by any Court against the Committee or any 
officer or person for anything in good faith done, or purporting to he 
done in puisuance of powers conferred by or under this Law on such 
Committee, officer or person, whether the thing done was or was not 
authorised by the powers so conferred. 

119. Permission of the Committee to he presumed if not given or 
refused within three months. —Where under this Law the permission of 
the Committee is required for the doing of any act and application is 
made to the Committee for such permission, if the Committee for a 
period of three months from the receipt of such application neglects to 
pass any orders thereon, such permission shall he deemed to have been 
granted. 

120. Execution m case of failure and recovery of cost thereof .<—(!) 
tVhere any person fails to perform any act which he has, by a notice 
issued under this Law, been required to perform, the Committee may 
cause the act to he performed and may recover the cost from him. 

, (2) Any monies recoverable by the Committee under 1 sub-section' (1) 
may be recovered either by shit or, on application to a Magistrate 



Tiie District of Ajbtj.— { VI .— Local Laws.) * 


131 


haying jurisdiction m the Municipal aiea, by distress or sale of the 
moveable property of the person from whom the money is recoverable, 
and, if recoverable from an owner of property; shall, until it is paid, 
be a charge on the property. 

121. Acquisition of land .—When any land, whether within or with¬ 
out the limits of the Municipality, is required for the purposes of this 
Law, 1 [or for the use or development of Mount Abu as a Hill Station,] 
the Agent to the Governor General may, at the request of the Committee, * 
proceed to acquire it under the provisions of the Land Acquisition Act, 

1 of 1894.. 1894, and, on payment by the Committee of the compensation awarded 

under that Act, and of the charges incurred by the Government in con¬ 
nection with the proceedings, the land shall vest in the Committee. 

122. Member nob to be deemed interested in prosecution. —No Judge 
or Magistrate shall be deemed to be a party to, or interested in, any 
prosecution for an offence punishable under this Law or any rule there¬ 
under or any other law, within the meaning of section 556 of the Code 

Vof 1898. of Criminal Procedure, 1898 ? by reason only of his being or having 

been a member of the Committee by the order or under the authority 
of which it has been instituted, or because as an officer of the Committee 
he merely approved the prosecution. 

123. Conduct of prosecutions under this Law .—Subject to such rules 
as the Agent to the Governor General may make under section 112 
prescribing the offences which shall be cognisable by the police, no 
Court shall take cognizance of an offence punishable under this Law 
or under any enactment extended or rule made thereunder except on the 
complaint of the Committee or of some person authorised by it in this 
behalf. 

In default of payment of any fine imposed under this Law or any en¬ 
actment extended or rule made thereunder, the defaulter shall he liable 
to simple imprisonment for a term not exceeding eight days. 

124* Saving of prosecution under other laws .—Nothing contained in- 
this Law shall be construed to prevent any person from being prosecuted 
under any other law for any offence made punishable by this Law or 
from being liable under any other law to any higher penalty or punish¬ 
ment than is provided for such offence by this Law or by any rules made 
thereunder: 

Provided that no person shall be punished twice for the same offence, 

125. Recovery of taxes. —Any arrear of any tax or any fee Or .other 
money claimable by or on behalf of the Committee may, in addition 
to any method of recovery provided under section 112, )be recovered, on 
application to a Magistrate having jurisdiction wi&in the limits of, 

—_,r . . . . .1,1 ■ . . ... . ... . . 

1 Inserted by Notification No, 1789*1. B., dated the 18th June, 1931. Qcuseth 
of h t3£r 1991/Pt. I, p. 878. 



132 


The District of Abu.— (VI. — Local Laws.) 


tike Municipal area, by tbe distress and sale of any moveable property 
within those limits belonging to the person from whom the money is 
claimable; and if payable by the owner in respect of any property, 
moveable or immoveable, such arrear shall be a charge on the property. 

126. Irregularities not to invalidate proceedings .—No act done and 
no proceeding taken under this Law shall be questioned on account of 
any defect or irregularity not affecting the merits of the case. 

[' Gazette of India , 1919, Pt. I, p. 495.] 

Abu Forest Law , 1920 . 

No. 453-1 . B., dated the 9th February , 1920. —In exercise of the 
powers conferred by the Indian (Foreign Jurisdiction) Order in Council, 
1902, and of all other powers enabling him in that behalf, the Governor 
General in Council is pleased to make the following Law for the adminis¬ 
tration of Forests in the District of Abu: — 

Chapter I.—Preliminary. 

1. Short title and eatent. —( 1) This Law may be called the Abu Forest 
Law, 1920, 

(2) It extends to the District of Abu, as described in the notification 
of the Government of India in the Foreign and Political Department, 
No. 2221-1. B., dated the 1st October, 1917: 

Provided that the Agent to the Governor General may, by notification, 
exempt any part of the said District from the operation of the whole or 
any part of this Law, but not so as to affect anything done or any offence 
committed or any fine or penalty incurred or any proceedings commenced 
in respect of any such part of the said District before such exemption. 

2. Definitions ,—In this Law, unless there is something repugnant in 
the subject or context,— 

(1) “ Agent to the Governor General ” means the Agent to the 
Governor General, Rajputana; 

(2) <6 Collector ” means the District Magistrate of Abu; 

(3) “ Government forestmeans any land which may be constituted 
a Government forest under this Law; 

(4) “ Forest-officer ” means any person appointed by, or under the 
orders of, the Governor General in Council or of the Agent to the Gover¬ 
nor General to discharge any function of a Forest-officer under this Law 
or any rule thereunder,, and includes a forester or forest guard; 

* (5) <( Chief Forest-officer ” means any person appointed by, or under 
the orders of the Governor General in Council or of the Agent to the 
Governor General to be the Chief Forest-officer for the District of Abu; 



Tiie District of Abu.— (VI.—Local Laics.) 


133 


(6) “ tree 99 includes palms* bamboos, stumps, brusb-wood and 
sbrubs ; 

(7) ce timber ” includes trees when they have fallen or have been 
felled, and all wood wbetber cut up or fashioned or hollowed out for any 
purpose or not; 

(8) forest produce 99 includes— 

(a) the following, whether found in, or brought from, a forest or 

not, that is to say: — 

timber, charcoal, caoutchouc, catechu, wood-oil, resin, natural 
varnish, bark, lac, makua flowers and myrabolams; and 

(b) the following when found in, or brought from, a forest, that is 

to say: — 

(i) trees and leaves, flowers and fruits, and all other parts or 

produce not hereinbefore mentioned of trees, 

(ii) plants not being trees (including grass, creepers, reeds and 

moss) and all parts or produce of such plants, 

(Hi) wild animals, and skins, tusks, horns, bones, silk, cocoons, 
honey and wax and all other parts or produce of animals, 
and 

(iv) peat, surface-soil, rock and minerals (including lime-stone, 
laterite, mineral oils, and all products of mines and 
quarries); 

(9) “ forest offence 99 means any offence punishable under this Law; 

(10) “ cattle ” includes elephants, camels, buffaloes, horses, mares, 
geldings,, ponies, colts, fillies, mules, bulls, bullocks, cows, heifers, asses, 
pigs, rams, ewes, sheep, lambs, goats and kids; 

(11) “ Magistrate ” means a magistrate of the first or second class; 

and 

(12) “ notification ” means a notification an the Gazette of India. 

Chapter II.— Government Forests. 

3. Constitution of Government forests. — (1) The Agent to the Goyer- 
nor General may, by notification, declare any woodland, permanent 
grazing-ground or other land which is vested in the Government, to 
be a Government forest from the date to be fixed in the notification. 

(2) The notification shall specify, as nearly as possible, the situation 
and limits of the land in respect of which the declaration is made, and 
from the date fixed therein the said land shall be deemed to be a 
Government forest. 

(3) The Collector shall cause a translation of the notification in Hindi 
to be published in all villages of the District of Abu in the neighbour- 




134 


The District of Abu.—( VI .— Local Laws.) 


hood of the land and in any other villages of the said District of which 
the residents have been accustomed to graze their flocks in, or in the 
vicinity of, the land. 

4. Demarcation of Government forests. —Whenever a Government 
forest is not bounded by a road, stream, or other existing well-defined 
boundary mark, it shall be demarcated by clear lines or pillars or in such 
other manner as the Agent to the Governor General may direct. 

5. Bar of acquisition of rights. —No right of any description adverse 
to the Government shall be acquired in or over a Government forest by 
lapse of time or otherwise than under a grant or contract in wilting 
made by, or on behalf of, the Government. 

6. Power to close roads and pathways. —(7) In any Government forest 
the Chief Forest-officer may, with the previous sanction of the Agent 
to the Governor General, determine what roads and pathways shall be 
authorised for public traffic, and cause all other roads and pathways to 
he closed either permanently or for a time only. 

(2) The Chief Forest-officer shall cause public notice to be given of 
the closing of any existing road or pathway. 

7. Penalty for trespass or damage in Government forest. —Any person 
who in a Government forest— 

(а) trespasses, or pastures cattle or permits cattle to trespass, off 

any road or pathway authorised for public traffic; or 

(б) causes any damage by negligence in felling any tree, or cutting 

or dragging any timber; or 

(°) 1°P S > notches, strips off the leaves from, or otherwise damages, 
any tree; or 

(d) hunts, shoots, fishes, poisons water, or sets traps or snares; 

shall be punished with fine which may extend to fifty rupees, or when 
the damage resulting from his offence amounts to more than twenty-five 
rupees, to double the amount of such damage, 

8. Acts prohibited in Government forests. —Any person who_ 

(а) sets fire to a Government forest, or 

(б) in contravention of any rule made by the Agent to the Govern 

nor General kindles any fire or leaves any fire burning in 
such manner as to endanger a Government forest,, or 

(e) in a Government forest, 

(i) kindles,^ keeps or carries any fire except at such seasons, 
and an such manner, as a Forest-officer specially 

empowered in this behalf may from time to time notifv. 

or 



Tiie District of Abu. — (FZ. — Local Laws.) 


135 


(it) fells, girdles, marks, taps, strips off tlie bark from, or up* 
roots or burns any tree, or 

(tit) quarries stones, burns lime or charcoal, or collects, subjects 
to any manufacturing process, or removes any forest 
produce, or 

(iv) clears, cultivates or breaks up any land for cultivation ox 
any other purpose, 

shall be punished with imprisonment for a term which may extend to 
six months, or with fine which may extend to five hundred rupees, ox 
with both, and shall also be liable to pay such sum as compensation for 
damage done to the forest as the convicting Magistrate may direct. 

9. Exceptions from prohibitions in sections 7 and <8.—(7) Nothing in 
section 7 or section 8 shall be deemed to prohibit any act done— 

(а) with the permission of a Forest-officer specially empowered 

under the provisions of this Law to give such permission, or 

(б) in pursuance of any permission granted by the Agent to the 

Governor General, or 

(c) in accordance with any rule made by the Agent to the Gover¬ 
nor General, subject to the control of the Governor General 
in Council. ‘ 

( 2 ) The permission of the Forest-officer referred to in clause (a) of 
sub-section (7) shall be in writing, and shall only authorise the doing of 
some particular act or some particular occasion. 

(3) The permission referred to in clause (6) of sub-section (7) may be 
a general permission to a person to pasture his cattle, or to collect and 
remove any forest produce for the use of himself and his family, but not 
for the purpose of trade. 

(4) The rules referred to in clause (c) of sub-section {!) may be 
applied by tho Agent to the Governor General, by notification, to all oi 
any Government forests, or to any part of a Government forest and may, 
with respect thereto, 

(i) regulate the cutting, sawing, conversion and removal of trees 
and timber, the cutting of grass and pasturing of cattle, 
and the collection and removal of forest produce; 

(ii) regulate the quarrying of stone, the prospecting for o&d ex¬ 
tracting of oil, and the burning of lime or charcoal; 

(in) regulate hunting, shooting, fishing and setting traps oi 
snares; and * 

(iv) prescribe, or authorise any Forest-officer to prescribe, subject, 
to the control of the Agent, to the Governor General, the 
fees/royalties or other payments for timber, or other forest 


136 


The District of Abu.— {VI.—Local Laws.) 


produce,, and the mode in which such fees, royalties or 
other payments shall be levied, whether in transit, or partly 
in transit, or otherwise. 

(e?) In making any such rule, the Agent to the Governor General may 
direct that a breach of it shall be punishable with fine which may extend 
to fifty rupees, and when the breach is a continuing breach, with a 
further fine which may extend to five rupees for every day after the first 
during which the breach continues. 

{6) The Agent to the Governor General may cancel any permission 
given by a Forest-officer or withdraw any permission granted by himself. 

10. Power to declare forest to be no longer Government forest. —The 
Agent to the Governor General, subject to the control of the Governor 
General in Council, may, by notification, direct that, from a date speci¬ 
fied therein, any Government forest or any portion thereof shall cease to 
be a Government forest, and from the date so specified such forest or 
portion shall cease to be a Government forest. 

Chapter III.— Protection of certain trees. 

11. Power to declare reserved trees .—The Agent to the Governor 
General may, by notification, declare that any trees or any specified 
class of trees shall, from a date to be fixed by such notification, be 
reserved trees. 

12. Acts prohibited in regard to reserved trees . —(!) No person shall 
fell, girdle, mark, lop, tap or injure, by fire or otherwise, any reserved 
tree, except as provided by rules made by the Agent to the Governor 
General in this behalf, or with the permission in writing of a Forest- 
officer specially empowered under the provisions of this Law to grant 
such permission. 

(2) Whoever fells, girdles, marks, lops, taps or injures, by fire or 
otherwise, any reserved tree in contravention of sub-section (!) shall be 
punished with fine which may extend to twenty rupees, or, when the 
damage resulting from his offence amounts to more than ten rupees, to 
double the amount of such damage. 

Chapter IT.— Forest produce in transit. 

13. Power to establish Forest stations .—The Chief Forest-officer may, 
subject to the control of the Agent to the Governor General, establish 
stations within or outside any Government Forest, for the examination 
of timber and other forest produce, and' for the collection of dues leviable 
in respect of the same. 

14. (1) Power to prescribe routes for removal of forest produce*—No 
timber or other forest produce shall be taken out of any Government forest 


The District of Abu. —(VI . —Local Laws.) 


137 


except by a route on which such a station has been established, or of 
which the use for the removal of timber or other forest produce has been 
specially authorised by the Chief Forest-officer. 

(< 2 ) The Chief Forest-officer shall cause a full description of every 
such route to be published in such manner as he thinks fit in the villages 
in the neighbourhood of the forest served by the same. 

15. Forest 'produce in transit, to be covered by pass .—( 1 ) No timber or 
other forest produce, whether the produce of a Government forest or of 
other land, shall be taken along any route authorised for the removal of 
timber or other forest produce under section 14 unless covered by a pass 
issued by a Forest-officer whom the Chief Forest-officer has duly author¬ 
ised in that behalf or by the owner of the land, as the case may be. 

(2) Such pass shall state the quantity and kind of timber or other 
forest produce so taken, and the marks, if any, which it bears. 

16. Penalty for breach of section 14 or section 15.—Any person who* 
contravenes the provisions of section 14 or section 15 shall be punished 
with imprisonment for a term which may extend to six months, or with 
fine which may extend to five hundred rupees, or with both. 

17. Power to eaempt from operation of section 14 or section 15.—A 
general exemption from the operation of section 14 or section 15 or of 
both sections, in favour of the inhabitants or any class of the inhabitants 
of any specified locality with respect to any class of timber or other 
forest produce or all timber or other forest produce, may be granted by a 
Forest-officer specially empowered under the provisions of this Law in 
this behalf. 


Chapter V. —Cattle trespass. 

18. Application of Cattle-trespass Act , 1871 .—Cattle trespassing in a 
Government forest shall be deemed to be cattle doing damage to a public 
plantation within the meaning of section 11 of the Cattle-trespass Act, 

I of 3871. 1871, and may be seized and impounded as such by any Forest-officer or 

Police-officer specially authorised in this behalf by the Collector: 

Provided that it shall be optionarwith the Forest-officer to proceed 
against the owner or such cattle under section 7 of this Law. 

19. Levy of fines .—The Agent to the Governor General may, by noti¬ 
fication, direct that there shall be levied for each head of cattle im¬ 
pounded such fines as he thinks fit, but not exceeding the fclloVing 
amount in each case, namely: — 

Rs. A. 

For each elephant.10 0 

Per each camel or buffalo . . . .... 90 

Por each horse, mare, gelding, pony, colt, filly, mule, 
butt, bullock, cow or heifer ...... 10 

Por each calf, ass, pig, ram, ewe, Sheep, lamb, goat or 
kid 


0 8 




138 


The District of Abu.— (VI. — Local Laws.) 


Chapter YI.—Penalties and Procedure. 

20. Seizure of property liable to confiscation and report thereof to 
Magistrate. —(f) When there is reason to believe that a forest offence has 
been committed in respect of any timber or other forest produce, such 
timber or produce, together with all tools, carts and cattle used in com¬ 
mitting such offence, may be seized by any Eorest-officer or Police-officer. 

(2) Every officer seizing property under this section shall place there¬ 
on, or on the receptacle (if any) in which it is contained, a mark indi¬ 
cating that the same has been so seized, and shall, as soon as may be, 
make a report of such seizure to the magistrate having jurisdiction to try 
the offence on account of which the seizure has been made: 

Provided that, when the timber or other forest produce with respect 
to which such offence is believed to have been committed is the property 
of the Government and the offender is unknown, it shall be sufficient if 
the officer makes, as soon as may be, a report of the circumstances to his 
official superior. 

21. Procedure thereupon. —TTpon the receipt of any such report, the 
magistrate shall take such measures as may be necessary for the trial of 
the accused and the disposal of the property according to law. 

22. Confiscation of forest produce and tools in case of forest offence*— 
(1) When any person is convicted of a forest offence, all timber or other 
forest produce in respect of which such offence has been committed, and 
all tools, carts, cattle and other things used in committing such offence 
shall be liable, by order of the convicting magistrate, to confiscation. 

(2) Such confiscation may be in addition to any other punishment 
prescribed for the offence. 

23. Disposal on conclusion of trial for forest offence of forest produce 
in respect of which offence teas cotwrUtteds —When the trial of any forest 
offence is concluded, any timber or other forest produce in respect of 
which such offence has been committed shall, if it is the property of the 
Government or has been confiscated, be taken possession of by a forest 
officer specially empowered under the provisions of this law in this 
behalf, and may, in any other case, be disposed of in such manner as 
she court may direct. 

24. Procedure when offender is not known or cannot be found .— 
(1) When the offender is not known or cannot be found, the magistrate 
inquiring into the offence, if he finds that an offence has been committed, 
may, on application in this behalf, order the property in respect of which 
the office has been committed to be confiscated and taken possession 
of by a forest-officer, especially empowered under the provisions of this 
Daw in this behalf, or to be made over to such foresf officer or other 
person as the magistrate considers entitled to receive the same; 



The District of Abu.— (VI. — Local Laws.) 


139 


Provided that no such order shall be made till the expiration of one 
month from the date of the seizure of such property, or without giving 
the person (if any) claiming any right thereto an opportunity of being 
heard and producing evidence in support of his claim. 

(2) The magistrate shall either cause notice of any application under 
this section to be served upon any person whom he has reason to believe 
to be interested in the property seized, or publish such notice in such 
manner as he thinks fit. 

25. Procedure as to perishable property seized under section 20. —The 
magistrate may, notwithstanding anything hereinbefore contained, direct 
the sale of any property seized under section 20 which is subject to speedy 
and natural decay, and may deal with the proceeds as he might have 
dealt with the property itself if it had not been sold. 

26. Appeal from orders under sections 22 , 23 and 24. —Any person 
claiming to be interested in property seized under section 20 may, 
within one month from the date of any order passed by a magistrate 
under section 22, section 23, or section 24, present an appeal therefrom 
to the court to which orders made by such Magistrate are ordinarily 
appealable, and the order passed on such appeal shall be final. 

27. Vesting of confiscated properly in Government. —When an order 
for the confiscation of property has been passed under section 22 or sec¬ 
tion 24, and no appeal from such order has been presented within the 
period prescribed by section 26, or when, on an appeal being presented, 
the appellate court confirms such order in respect of the whole or a 
portion of the property, such property or portion, as the case may be, 
shall vest in the Government free from all incumbrances. 

28. Saving of power to release property seized .—Nothing hereinbefore 
contained shall be deemed to prevent any officer specially empowered 
under the provisions of this Law in this behalf from directing at any time 
the immediate release of any property seized under section 20 and the 
withdrawal of any charge made in respect of such property. 

29. Penalty for counterfeiting or defacing marks on trees and timber 
and for altering boundary marks. —Whoever, with intent to cause damage 
or injury to the public or to any person, or to cause wrongful gain as 

.XLVof 18*0 defined in the Indian Pena] Code— 

(a) knowingly counterfeits upon auy timber or standing tree a 
yiark used by forest officers to indicate that such timber or 
tree is the property of the Government or of, some person, 
or that it may lawfully be cut or removedby some person, 
or ' . , 

(5) unlawfully affixes to ahy titpber or standing tree a mark used 
by forestH>fficers, or 


X40 


The District of Abo.— (71.—Local Laws.) 


(c) alters, defaces or obliterates any such mark, placed on any 

timber or standing tree by or under tbe authority of a 

Forest-officer, or 

(d) alters, mov-es, destroys or defaces any boundary mark of any 

Government forest, 

shall be punished with imprisonment for a term which may extend to 
two years, or with fine, or with both. 

30. Power to arrest without warrant. — (1) Any Forest-officer or Police- 
officer may, without orders from a magistrate and without a warrant,, 
arrest any person reasonably suspected of having been concerned in any 
forest offence, if such person refuses to give his name and residence, or 
gives a name or residence which there is reason to believe to be false, or 
if there is reason to believe that he will abscond. 

(2) Every officer making an arrest under sub-section (/) shall, subject 
to the provisions of sub-section (3), without unnecessary delay, take or 
send the person arrested before a magistrate having jurisdiction in tbe 
case or to the officer-in-charge of the nearest police station. 

(3) Any Forest-officer of a rank not inferior to that of a forester who, 
or whose subordinate, has arrested any person under sub-section (1) may 
release such person on his executing a bond to appear, if and when so 
required, before the Magistrate having jurisdiction in the case, or before 
the officer in charge of the nearest police-station. 

31. Punishment for wrongful seizure or arrest. — (1) Any Forest-officer 
or Police-officer who vexatiously and unnecessarily seizes any property 
on pretence of seizing property liable to confiscation under this Law, or 
who vexatiously and unnecessarily arrests any person, shall be punished 
with imprisonment for a term which may extend to six months, or with 
fine which may extend to five hundred rupees, or with both. 

(2) Any such fine or part thereof recovered may, if the convicting 
Magistrate so directs and subject to the provisions of sub-section (2) of 
section 545 of the Code of Criminal Procedure, 1898, be given as com- Vof 1896* 
pensation to the person aggrieved by such seizure or arrest. 

32. Power to prevent commission of offence.— Every Forest-officer and 
Police-officer shall prevent, and may interfere for the purpose of pre¬ 
venting, the commission of any forest offence. 

33 Power to compound offences.—(1) The Agent to the Governor 
General may, by notification, empower any Forest-officer who is in receipt 
of a monthly salary of not less than one hundred and fifty rupees,— 

(a) to accept from any person against whom a reasonable suspicion 
exists that he has committed any forest offence, other than 
an efface specified in section 29 or section 31, a sum of 
money not exceeding fifty rupees by way of compensation 




The District of Abu.— (VI. — Local Laws.) 


141 


V oi 1898. 


Vof 1898, 


for tiie offence which such, person is suspected to have com¬ 
mitted, and 

(b) when anj r property has been seized as liable to confiscation, to 

release the same on payment of the value thereof as esti¬ 
mated by such officer. 

(2) On the payment of such sum of money or such value, or both, as 
the case may be, to such officer, the suspected person,, if in custody, shall 
be discharged, the property, if any, seized shall be released, and no 
further proceeding shall be taken against such person or property. 

34. Presumption a s* to ownership of forest produce by Government .— 
When, in any proceedings taken under this Law, or in consequence of 
anything done under this Law, a question arises, as to whether any 
timber or other forest produce is tiie property of the Government, such 
timber or produce shall be presumed to be the property of the Govern¬ 
ment, until the contrary is proved. 

Chapter VII.—Forest-officers. 

35. Conferment of powers on Forest~offi( ers. — (1) The Agent to the 
Governor General may, by general or special order in writing invest any 
Forest-officer with all or any of the following powers, namely; — 

(а) the powers of a Civil Court to compel the attendance of wit¬ 

nesses and the production of documents; 

(б) power to issue search warrants under the Code of Criminal 

Procedure, 1898; 

(c) power to hold inquiries into forest offences, and in the course 

of such inquiries to receive and record evidence; 

(d) power to notify the seasons and manner in which fire may be 

kindled, kept or carried in a Government forest; 

( e ) power to give the permission referred to in clause (a) of suK 

section (7) of section 9 and in section 12; 

(/) power to grant general exemptions under section 17; 

(, g ) power to tako possession of property under sections 23, 24 and 
42; 

( h ) power to direct the relearn* of property and withdrawal of 
charges under section 28. 

(2) Evidence recorded under clause (a) of subi-sectiou (7),shall be 
admissible in any subsequent trial of the alleged offender before a Magis¬ 
trate : 

•Provided that it ha* been taken in the presence of the accused person 
and recorded in the manner provided by section 856, section 356 or section 
357, as the case may be, of the Coda of Criminal Procedure, 1898, 



142 


The District of Abu.— (FZ.— Local Laws.) 


36. Forest-officer$ deemed public servants .—All Forest-officers shall 

be deemed to be public servants within the meaning of the Indian Penal 
Code. XLV ° f 

37. Indemnity for acts done in good faith. —No suit or criminal 
prosecution shall lie against any public servant for anything in good 
faith done or intended to be done under this Law. 

33. Forest-officers not to trade .—Except with the permission in writ¬ 
ing of the Agent to the Governor General, no Forest-officer shall, as 
principal or agent, trade in timber or other forest produce, or be or 
become interested in any lease or mortgage of any forest, or in any con¬ 
tract for working any forest, whether in British or foreign territory. 

Chapter .YIII.—Miscellaneous. 

39. Additional power to make rules. —The Agent to the Governor 
General may make rules consistent with this Law— 

(a) to declare what Forest-officers or class of Forest-officers the 
powers or duties conferred or imposed by or under this Law 
on a Forest-officer shall be exercised or performed, 

(5) to regulate the rewards to be paid to officers and informers 

from the proceeds of fines and confiscations under this Law 
or from the public treasury, and 
(c) generally, to carry out the provisions of this Law. 

40. Persons bound to assist Forest-officers and Police-officers. —(Z) 

Every person who exercises any right in a Government forest or who is 
permitted to take any forest produce from, or to cut and remove timber 
or to pasture cattle in, such forest, and 

every person who is employed by any such person in such forest, and 
every person in any village contiguous to such forest who is employed 
by the Government, or who l’eceives emoluments from the Government 
for services to be performed to the community, 

shall be bound to furnish without unnecessary delay to the nearest 
Forest-officer or Police-officer any information lie may possess respecting 
the commission of, or intention to commit, any forest offence, and shall 
forthwith take steps whether so required by any Forest-officer or Police- 
officer or not— 

(a) to extinguish any forest fire in such forest of which he has 
knowledge or information; 

(6) to prevent by any lawful means in his power any fire in the 

vicinity of such forest of which he has knowledge or in¬ 
formation from spreading to such forest; 

and shall assist any Forest-officer or Police-officer demanding his aid— 

\°) & preventing the commission in such forest of any forest 
offence; and 



Thu District of Abu.— ( VI .— Local Laws *) 


143 ’ 


(d) when there is reason to believe that any such offence has been 
committed in such forest, in discovering and arresting the 
offender. 

(2) Any person who, being bound so to do without lawful excuse (the 
burden of proving which shall lie upon such person) fails— 

(a) to furnish without unnecessary delay to the nearest Forest- 

officer or Police-officer any information as required by 
sub-section (I); 

(b) to take steps as required by sub-section ( 1 ) to extinguish any 

forest fire in a Government forest; 

(c) to prevent, as required by sub-section (2), any fire in the- 

vicinity of such forest from spreading to such forest; or 

(d) to assist any Forest-officer or Police-officer demanding his aid 

in preventing the commission in such forest of any forest 
offence, or, when there is reason to believe that any such 
offence has been committed in such forest in discovering 
and arresting the offender, 

shall be punishable with imprisonment for a term which may extendi 
to one month, or with fine which may extend to two hundred rupees, or 
with both. 

41. Recovery of fines and other moneys. —All money, other than 
fines, payable to the Government under this Law or under any rule 
thereunder, or on account of the price of any timber or other forest 
produce or of expenses incurred in the execution of this Law in respect 
of such timber or produce may, if not paid when due, be recovered under 
the law for the time being in force as if it were an arrear of land- 
revenue. 

42. Lien on forest produce for such money .—(/) When any such 
money is payable for, or in respect of, any forest produce, the amount 
thereof shall be deemed to bo a first charge on such produce, and the 
produce may be taken possession of by a Forest-officer specially em¬ 
powered under the provisions of this Law in this behalf, and may be 
retained by him until the amount has been paid. 

(2) If the amount is not paid when due, the Forest-officer may sell 
the produce by public auction, and the proceeds of the sale shall be 
applied first in discharging such amount. 

(3) The surplus (if any), if not claimed within two months from the 
date of the sale by the person entitled thereto, shall be forfeited to the 
Government. 

43. Irresponsibility of Government and its officers for loss of , or 
damage to, certain forest produce.—Tl he Government shall not be respon¬ 
sible for any loss or damage which ma f occur in respect of any timber 




144 


The District o*' Abtt.—(77 .—Local Laws.) 


or other forest produce while at a station established under section 13, 
or while detained elsewhere for the purposes of this Law, and no Forest- 
officer shall be responsible for any such loss or damage unless he causes 
the same negligently, maliciously or fraudulently. 

44. Recovery of penalties due under bond .—When any person, in 
compliance with this Law or any rule made thereunder, binds himself 
by any bond or instrument to perform any duty or act, or covenants by 
any bond or instrument that he, or that he and his servants and agents, 
will abstain from any act, the whole sum mentioned in such bond or 
instrument as the amount to be paid in case of a breach of the conditions 
thereof may, notwithstanding anything in section 74 of the Indian 
Contract Act, 1872, be recovered from him in case of such breach as if 
it were an arrear of land-revenue. 

[Gazette of India , 1920, Pt. I, p. 308.] 


IX 





The District of Abu. — (VII.—Orders relating to Courts .) 145 


VII—Orders relating to Courts. 

Execution of capital sentences in British India. 

No. 1431-1., dated the 27th April, 1893. —Printed in Appendix XIX* 

Criminal law and procedure of British India applicable to British 
subjects in Indian States. 

No. 1863-1. A., dated the 13th May, 1904. —Printed in Appendix IV. 

High Court at Bombay to exercise jurisdiction oner European British 

subjects. 

No. 580-1)., dated- the 26th January, 1917. —Printed in Appendix IV. 

Justices of the Peace to commit to the High Court at Bombay. 

Nq. 582-D., dated the 26th January, 1917. —Printed in Appendix IV. 

Justices of the Peace invested with powers of Magistrates of the first 
class and to hold inquests. 

319-1)., dated the 16th January, 1917. —Printed in Appendix IV. 

Appointments of Justices of the Peace. 

No. 2761-1 ,, dated the 18th September, 1883 ,—Printed supra, page 
55. 

No. 287-1., dated the 23rd January, 1884. —In exercise of the powers 
conferred by section 6 of Act XXI of 1879 (the Foreign Jurisdiction and 
Extradition Act, 3879), 1 and of all other powers enabling him in this 
behalf, the Governor General in Council is pleased to appoint the Magis¬ 
trate of Abu for the time being, provided that he is a European British 
subject, to be a Justice of the Peace 2 [within the limits of the District 
^f Abu]. 

[Gazette of India, 1884, Pt. I, p. 25.] , 

Constitution of Civil and CHminal CouHs. 

No. 2222*1. B. 9 elated the 1st October, 1917 *— In exercise of the powers 
^conferred by the Indian (Foreign Jurisdiction) Order in Council, 1902, 

and of all other powers enabling him in that behalf, and in supersession 

.... - .|.■ - \ r ...V, . h _ 

toMm (Foreign Jurisdio^) Order in Ojdtaoil, 1002. Printed in 
222M. B,, dated the 1st October, 1917. 


1 See now the 


Gazette of Irma. 




146 The District of Abu.—(P7Z .—Orders relating to Courts.) 


of the notification of the Government of India in the [Foreign Depart¬ 
ment, No. 680-1. B., dated the 2nd April, 1913, the Governor General 
in Council is pleased to provide as follows for the administration of 
justice within the limits of the District of Abu. 

Part I .—Criminal Jurisdiction. 

For the purposes of criminal jurisdiction within the said District the 
following arrangements shall be made, namely: — 

(i) The Resident in the Western Rajputana States shall exercise 
the powers of a Court of Session 1 as described in the Code 
of Criminal Procedure, 1898, as locally applied. 

2 [(ii) The Court of the Judicial Commissioner in Ajmer-Merwara 
shall' be the High Court as described in the said Code.] 

(in) Nothing in this part of these orders shall apply to proceedings- 
against European British subjects or persons jointly charged 
with European British subjects. 

Part II .—Civil Jurisdiction. 

For the purposes of civil jurisdiction within the said District, the 
following arrangements shall be made, namely; — 

(i) The Officer appointed by the Agent to the Governor General 
in Rajputana to be Magistrate of the District shall exercise 
the powers of a District Court as described in the Code of 
Civil Procedure, 1908, with jurisdiction in all original 
suits, whatever be the amount or value of the subject 
matter, and in all other cases in which jurisdiction is con¬ 
ferred on the District Court by the law for the time being 
in force in the said District. 

(it) The Agent to the Governor General in Rajputana may from 
time to time appoint any subordinate Judge or MunsifE who 
shall have power to hear and determine any suit or original 
proceedings of such value as the Agent to the Governor 
General in Rajputana may prescribe. 

(Hi) Appeals shall lie, subject to the provisions of the enactments 
for the time being in force in the said District, from the 
decrees and orders of the said Munsxff'p or Sub-Judged 
Court to the District Court, and from the decrees and ordere 
of 2 [the said District Court to the Court of the Judicial 
Commissioner in Ajmer-Merwara, which court shall e*er~ 


1 For temporary exercise of these powers by the Secretary to the Agent to to 
Governor General m place of the Resident, Western Rajputana States, see Noth 
ficatxon No. 298-L, dated the 1st May, 1929. Gazette of India. 1929, Pt! I, p. $64. 
^ r ^bsttoto. by Notification No. 460-1., dated to 6th October, 1926. <kuiU 
>f India, 1926. Pt. 1. n, 1078. 


The District of Abtt.— (VII.—Orders relating to Courts .) 147 

c*ise the powers of a High Court for all purposes whatsoever 

connected with the administration of civil justice within 

the said District.]. 

[Gazette of India , 1917, Pt. I, p. 1636.] 

Appoint meni of Second Assistant 1 to the Agent to the Governor General 
to he Magistrate of the Fiist Class and District Magistrate . 

No. 5500, dated the 1st October , 1017. —In supersession of all pre¬ 
vious notifications and orders, and in exercise of the powers conferred on 
him by section 12 of the Code of Criminal Procedure, 1898 (Act Y of 
1898), the Agent to the Governor General, ltajputana, is pleased to 
Appoint the Officer for the time being holding or officiating in the ap¬ 
pointment of Second Assistant. 1 to the Agent to the Governor General, 
Pajputana, to he a Magistrate of the first class in the District of Abu, 

The Agent to the Governor General, Itajputana, is further pleased, 
in exercise of the powers conferred on him by section 10 of the Code of 
•Criminal Procedure, 1898 (Act Y of 1898), to appoint the Officer for the 
time being holding or officiating in the appointment of Second Assistant 
to the Agent to the Governor General, Itajputana, being a Magistrate 
•of the 1st Class, to he the District Magistrate for the purposes of the 
said Code in the District of Abu. 

[Gazette of India , 1917, Pt. II, p. 2155.] 

Tahsildar of Ahu appointed Magistrate of the Second Class. 

No. 5512 , dated the 1st October , 1917 —In exercise of the powers con¬ 
ferred on him by section 12 of the Code of Criminal Procedure (Act Y 
of 1898) the Agent to the Governor General in Itajputana, is pleased tc 
invest the Officer for the time being holding or officiating in the appoint¬ 
ment of Tahsildar of Ahu, with the ordinary powers of a Magistrate of 
the Second Class to be exercised within the limits of the Abu District. 

^Gazette of India, 1917, Pt. II, p. 2155.] 

■ ''^Additional powers of Tahsildar of Ahu. 

* 1 rk, 

No. 47.9*47.; dd&edthe 3rd February, 1924.—^ Under section 164 of the 
Code of.Criminal Procedure,, 1898 (Act V of 1898), as amended by the 
Code of Criminal Procedure (Amendment) Act, 1923, and as applied to 
"the District of Abti, the Hon’ble the Agent to the Governor General, 
Eajputano, is pleased to confer on the Tahsildar of Abu, being a Magis¬ 
trate of the 2nd Class, the power to record statements and confessions 
made to Mm. 1 

[Gazette of India, 1924, Pt. II-A, p. 46.] 

1 Now designated Under Secretary to the Agent to the Governor General 1 . 





X48 The District of Abu. —(I 7 //.— Orders relating to Courts.) 


No. 2429, dated the 15th May, 1924. —In exercise of the powers con¬ 
ferred upon him by section 190 (-3) of the Code of Criminal Procedure 
(Act Y of 1898), as applied to the District of Abu, tbe Hon’ble tbe Agent 
to the Governor General in Raj putana is pleased to empower tbe Tahsil- 
dar and 2nd class Magistrate, Abu, to take cognizance, under clause (c) 
of section 190 (1) of tbe said Code of offences against tbe Abu Municipal 
Law, 1919, and tbe Police Act, 1861 (Y of 1861), as amended by tbe 
Police Act, 1888 (III of 1888), which be may try or commit for trial. 

[ Gazette of India, 1924, Pt. II-A, p. 171.] 

Tahsildar of Abu appointed Munsif. 

No. 5513, dated the 1st October, 1917. —In exercise of tbe powers 
conferred on him by Notification 1 No. 2222-1. B., dated tbe 1st October, 
1917, by tbe Government of India in tbe Foreign and Political Depart¬ 
ment, tbe Agent to tbe Governor General, Rajputana, is pleased to- 
appoint tbe Officer for tbe time being bolding or officiating in tbe 
appointment of tbe Tahsildar of Abu, to be a Munsif in tbe District of 
Abu and to invest him with powers to try all suits wherein tbe amount 
or value of tbe subject matter does not exceed three hundred rupees. 

[ Gazette of India, 1917, Pt. II, p. 2155.] 

Payment of expenses of complainants and witnesses in Criminal Courts 

in Rajputana. 

No. 97-Pol.j27, dated the 23rd November, 1927. —In exercise of tbe 
powers vested in him by section 544 of tbe Code of Criminal Procedure, 
1898 (Act Y of 1898), * * * * * * « and in supersession of so- 
much of tbe notification of tbe Government of India in tbe Foreign 
Department, No. 1626-1. B., dated the 10th June, 1899, as relates to 
Rajputana, tbe Hon’ble tbe Agent to the Governor General is pleased 
to make tbe following rules to regulate tbe payment of tbe expenses of 
complainants and witnesses attending Criminal Courts, established by 
the Governor General in Council in Rajputana, for tbe purposes of any 
inquiry, trial, or other proceeding under the Code of Criminal Procedure, 
1898 (Act Y of 1898), as applied: — 

2. Such Courts are authorized to pay the expenses of complainants 
and witnesses attending before them:— * 

Firstly: in all cases, whether bailable or non-bailable, in which, 
tbe prosecution is instituted or carried on by, or under the 
orders of, or with tbe sanction of Government, or of any 

British Judge, Magistrate, or other public Officer; 

Printed supra, p. 145. 

«/ ptfrt-ifp n 173 134 - pol -/ 28 » dftted the 20 th April, 1929 . <?»*«#** 



The District op Abu. —(FZ7 .—Orders relating to Courts .) 149 


Secondly: in all cases entered in column 5 of Schedule II append¬ 
ed to tlie Code of Criminal Procedure as non-bailable, when 
it shall appear to the presiding officer of the Court to be 
directly in furtherance of the interests of public justice; 

Thirdly: in bailable cases in which the presiding officer of the 
Court considers that in the interest of justice such payment 
is proper; and 

Fourthly: in all cases in which the witnesses are compelled to 
attend by the Court, under the provisions of section 540 of 
the Code of Criminal Procedure, 1898: 

Provided always, that no such payment shall be made to any witness 
by Government, when the expenses of the attendance of such witness 
have been deposited in Court under sections 216, 244, or 257 of the Code 
of Criminal Procedure, 1898. 

3. The rates referred to in the foregoing rule are as follows: — 

(а) For Indians of the ordinary labouring class, eight annas per 

diem for men, and five annas per diem for women. 

(б) For Indians of higher rank in life, Be. 1 per diem. 

(c) For persons earning fixed daily or monthly wages, who would 

lose wages for the period of attendance at Court, the amount 
of the wages actually so lost. 

(d) For Europeans, Anglo-Indians and Indians of superior rank, 

a diet allowance according to circumstances. Such allow¬ 
ance shall not generally exceed Es. 3 per diem, but the 
Court shall hhve discretion in special cases to fix it at a 
higher rate. 

4. Travelling expenses will be given only when the journey could 
not, with reasonable ease and expedition, have been performed on foot, 
or in the case of persons whose age, position and habits of life render it 
impossible for them to walk. In such cases, in addition to diet allow¬ 
ance, travelling allowance shall be given at the following rates:— 

(а) When the journey is by road, the actual expenses incurred up 

to a maximum limit of four annas a mile. 

(б) Where the journey is wholly, or partly, by rail— 

(i) For Indians generally* railway fare hy the lowest clae»- 

(it) For Europeans, Anglo-Indians and Indians of superior 
rank, intermediate or second class railways iare; but the 
Court may at its discretion award first ol&sS fare when 
the persons concerned woi^d frem their social position 
ordinarily travel by the first class. 




150 The District of Abu. —(T/7Z.— Orders relating to Courts.) 


5. Notwithstanding the above rules— 

(a) Government servants when summoned to give evidence m their 

public capacity shall receive nothing* from the Court. In 
this case they are entitled to travelling allowance under the 
Fundamental Rules, and the Court, while discharging 
them, shall furnish them with a certificate in the following 
form: — 

c * It is hereby certified that it was considered essential to record 
the evidence of in the case noted 

on the margin, and that he was in this connection re¬ 
quired to attend ^he Court for days from 

to 

Government servants when summoned to give evidence in their 
private capacity may be paid by the Court, and may retain 
any travelling allowance due to persons of cori‘espondmg 
rank under these rules, but they may not draw diet allow¬ 
ance, and they shall not be entitled to any travelling allow¬ 
ance under the Fundamental Rules. 

(b) Witnesses other than Government servants, following any 

profession, such as medicine or law, shall receive an allow¬ 
ance not exceeding Rs. 5 per diem, according to circum¬ 
stances, and when they have to travel a distance exceeding 
five miles their actual expenses for conveyance (not exceed¬ 
ing eight annas a mile) or railway fare according to status. 

Medical Officer. 

Government of India (Department of Finance and Commerce) Resolution 
No. 3050 , dated the 11th August , 1882. 

6. A Medical Officer other than a Civil Surgeon or Officer in Medical 
Charge of the Civil Station summoned to give evidence in a Criminal 
Court, touching the result of a post mortem or other examination con¬ 
ducted by him, in cases not falling within the ordinary discharge of 
his duties, shall not receive any remuneration, other than the expenses 
to which he is entitled as a witness under these rules. 

7. Medical Subordinates in Local Fund or Municipal employ (in¬ 
cluding Government servants lent to and paid by local bodies) whem 
attending Court to give evidence in their public capacity, shall be paid 
the same rates of travelling allowance as would be admissible to Govern¬ 
ment servants of 'similar grades under the Fundamental Rules. 

8. The Court ordering the payment under these rules of the expenses* 
of a complainant or witness shall decide— 

(a) The class to which he belongs, and the rate at which he is to 

be paid. 




The District of Abu. — (VII-—Orders relating to Courts .) I5I 


(b) The number of days necessary for his journey to and from tne 

Court. 

9. The Court shall exercise its discretion in ordering, or refusing to 
order, payment of expenses within the limits laid down in the foregoing 
rules whether an application for payment be made or not. 

[Gazette of India, 1927, Pt. II-A, p. 519.] 

Payment of expenses of witnesses in Civil Courts . 

No. 2791-G ., dated the 8th November , 1886 .—The following rules are 
laid down by the Agent to the Governor General under Section 160, 
Act XIV of 1882 (Code of Civil Procedure), regarding the travelling and 
other expenses to be paid to witnesses summoned to attend the British 
Civil Courts in Kajputana which were established by Foreign Depart¬ 
ment Notification 2 No. 286-1., dated the 23rd January, 1884, iand 
*No. 1333-1., dated the 30th April, 1885:— 

I. Save as hereinafter provided, travelling and other expenses will 
be allowed on the following scale: — 

(a) to witnesses of the class of cultivators, labourers, and menials, 

three annas a day; 

(b) to witnesses of a better class such as zamindars, traders, 

pleaders, and persons of corresponding ranh, from six annas 

to two rupees a day, as the Court may direct: 

(c) to witnesses of superior rank, three rupees a day; and 

(d) the allowances of officers of Government will be regulated by 

the rules in the Civil Travelling Allowance Code. 

II. No expenses, other than travelling charges, will be allowed to 
legal practitioners practising at the place where the Court which they 
are summoned to attend is held. 

Travelling charges may be allowed to these witnesses at such rates as 
the Court considers reasonable and necessary. 

III. Persons other than those mentioned in the last preceding rule, 
residing within a distance of three miles from the court-house, will be 
allowed their expenses at half the rates prescribed in Pule I. 

IY. If a witness demand any sum in excess of what has been paid to 
him, such sum will be allowed if he satisfy the Court that he has actually 
and necessarily incurred the additional expense. 


Proo^ure°Yo^^ 2 J S lw) 0rder XVI ' m First Schedule to the Code of Civil 

3 now Notification No. 2222-t 36., dated the 1st October. 1917. printed 
supra, p, 14 & ? 

^ . # f^seded by Notification No. mj. B., dated the 10th February, 1913. 
Printed Vol. VIII, North Centre! Division, under Orders relating to Courts* 



152 The District of Abtj.—(F/7 .—Orders relating to Courts .) 


Y. If a witness be detained for a longer period than one day, the* 
expenses of bis detention will be allowed at sncb rate, not exceeding tbat 
payable under Rule I, as may seem to the Court to be reasonable and 1 
proper. 

VI. The Court may, on consideration of the merits of any case, for 
reasons stated m writing, allow expenses on a higher scale than that 
prescribed in the foregoing rules. 

[Gazette of India , 1886, Pt. II, p. 681.] 

Courts in British India empowered to send 1 decrees to the Courts in the 

District of Abu. 

No. 786-1. B., dated the 9th April, 1913 .—Printed in Appendix XXI- 
A. 


Service and execution by the Courts in Abu of summonses and decrees — 
(a) of Civil or Revenue Courts in British India; 2 (b) of other Courts 
established or continued by the Governor General in Council 
2 (c) of certain Courts of Indian States. 

No. 322-1., dated the 15th May, 1929 .—Printed in Appendix XXI-A. 

Service of summonses and execution of decrees of the Courts in Abu 3 — 
(a) by other Courts established or continued by the Governor General 
in Council. 

No. 322-1., dated the 15th May , 1929 .—Printed in Appendix XXI-A 

(b) By Civil Courts of the Baroda and Mysore States. 

No. 398-1. B., dated the 25th February, 1910. 

No. 2622-1. B., dated the 24th December, 1912. 

No. 2623-1. B., dated the 24th December, 1912. 


Printed in 
Appendix XXI-0. 


Reciprocal service of summonses by Civil Courts of the District of Abu 

and Civil Courts in — 

(a) Kenya; 

No. 397-1., dated the 13th August, 1924 .—Printed in Appendix 

XXI-D. 


(6) Persia. 

No. 460-1., dated the 30th July, 1928.— Printed in Appendix XXI-D. 


1 As regards summonses see Rule 26 (a) of Order V of the Pirst Schedule of the 
Code of Civil Procedure, 1908 (V of 1908), read with clause■ QQ of Notification 
No, 322-1., dated the 15th Hay, 1929. Printed in Appendix XXI-A. 

* also sections 29 and 43 of the Code of Civil Procedure; 1908 (V of 1908), 
as locally applied. 

a These Courts may send their summonses and decrees to Courts in British India 
for service and execution, see sections 29 and 43 of the Code of Civil Procedure* 
1908 (V of 19(58). 






The District of Abu. — {VII.—Orders relating to Courts.) 153- 


Remission of fees chargeable on decrees of Baroda Courts. 

No. 2266-1. B. } dated the 12th October , 1916. —In exercise of tlie 
powers conferred by section 35 of the Court-fees Act, 1870 (YII of 1870), 
as applied to, or as in force in, the areas specified in the Schedule hereto 
annexed, the Governor General in Council is pleased to remit the fees 
chargeable under the said Act, on copies of decrees of 1 [Civil Courts] 
situate in the territories of His Highness the Gaekwar of Baroda for¬ 
warded to any Court in the said areas for execution. 

Schedule. 

******* 

6. The Abu area, as described in the notification of the Government 
of India in the Foreign Department, ITo. 679-1. B., 2 dated the 2nd April,. 
1913. 

******* 

[Gazette of India, 1916, Pt. I, p. 1519.] 

1 Substituted by Notification No. 3180-1. B., dated the 4th October, 1918. 
Gazette of India , 1918, Pt. X, p. 1593. 

3 See now Notification No. 204-1 , dated the 24th April 1929. Printed, supra, 
p. 75. 




The District of Abu. —(T r 7ZZ. —Orders under Acts locally applied.) 155 


VIII—Orders under Acts locally applied, 

Indian Tolls Act, 1851. 

Rates of toll and collection thereof . 

No. 5515, dated the 1st October , 1917 .—In exercise of the powers 
conferred by section 2 of the Indian Tolls Act, 1851 (Till of 1851), as 
amended by Act XY of 1864, as applied to the District of Abu and of 
all other powers enabling him in this behalf, the Agent to the Governor 
General in Bajputana is pleased to direct (1) that the rates of Toll 
specified in the Schedule annexed to this Notification shall be levied 
throughout the whole year at the Toll Gate on the Abu Cart Boad with 
effect from the 1st October, 1917, and (2) that the collection of the 
said Tolls shall be made under the control and management of the Dis¬ 
trict Magistrate of Abu District subject to the general control of the 
Hon’ble the Agent to the Governor General in Bajputana. 

Schedule . 

Rs. A. 

On every four-wheeled carriage or Motor Car . . .10 

On every Motor Cycle.10 

On every two-wheeled carriage or cycle other than a motor¬ 
cycle .0 8 

On every ekka.0 4 

On every cart and hackney drawn by six bullocks, buffaloes, 
horses, ponies, asses, .or mules if laden . . . , . 0 12 

On every cart and hackney drawn by six bullocks, buffaloes 
horses, ponies, asses, or mules if not laden . , , .06 

On every cart or hackney drawn by four bullocks, buffaloes, 
horses, ponies, asses or mules, if laden , . . ,08 

On every cart or hackney drawn by four bullocks, buffaloes, 
horses, ponies, asses or mules, if not laden . . .04 

On every cart and hackney drawn by two bullocks, buffaloes, 
horses, ponies, asses or mules, if laden . . . .04 

On every cart and hackney drawn by two bullocks, buffaloes, 
horses, ponies, asses or mules, if not is don . . . .02 

Buffaloes or bullocks, per head, if laden . . . .01 

On every camel, if laden.0 2 

On every camel, if not laden.0 1 

On every palankeen, duli, palna or tonjan . . . .08 

{Gazette of India, 1937, Ft. TI, p. 2165.] 

Toll on motor-cars on Sunset Point. Road. 

No. 151, dated the 30th January, 1024. —la exercise of the powers 
conferred by section 2 of the Indian Tolls Act, 1861 (VIII of 1851), as 
amended by Act XV of 1864, as applied to the District of Aha and of 
all other powers enabling him ip this behalf, the Hon’ble the Agent to 
the Governor General in Rajpntana is pleased to direct (1) that a toll 
of Its. 2 per motor car shall be levied on all motor tfars which are, as a 
rv 


G 





156 The District or Abu.—( Vlll . — Orders under Acts locally applied.) 


special concession, allowed to proceed along the Sunset Point Road with 
effect from the date of this Notification, and (2) that the collection of the 
said toll shall be made under the control and management of the District 
Magistrate of Abu subject to the general control of the Hon’ble the 
Agent to the Governor General in Rajputana. 

['Gazette of India , 1924, Pt. II-A, p. 46.] 

Toll on motor cars on Anadra Road- 

No. 153, dated the 30th January , 1924 .—In exercise of the powers 
conferred by section 2 of the Indian Tolls Act, 1851 (YIII of 1851), as 
amended by Act XV of 1864, as applied to the District of Abu and of 
all other powers enabling him in this behalf, the Hon’ble the Agent to 
the Governor General in Rajputana is pleased to direct (1) that a toll of 
Rs. 2 per motor car shall be levied on all motor cars which are, as a 
special concession, allowed to proceed along the Anadra Road beyond 
Lake House with effect from the date of this Notification, and (2) that 
the collection of the said toll shall be made under the control and 
management of the District Magistrate of Abu subject to the general 
control of the Hon’ble the Agent to the Governor General in Rajputana, 

[Gazette of India , 1924, Pt. II-A, p. 46.] 

Oourt Pees Act, 1870. 


Rules. 

No. 7433—4 of 1917, dated the 11th December, 1917 ,—In supersession 
uf the rules published in his Notification No. 2413-G., dated the 19th 
June,, 1895, the following rules, made by the Agent to the Governor 
General in Rajputana in exercise of the powers conferred on him by 
section 20 of the Court Pees Act (VII of 1870), as applied to the District 
of Abu, have received the sanction of the Governor General in Council 
and are published for general information: — 


PART I. — Bulbs applicable to Civil Courts. 

1 . Pees shall be levied according to the following scale for serving 
and executing processes issued by the Civil Courts within the said Dis¬ 
trict : — 


In original suits For every process not For every 

or appeals or m eases of being a ■warrant warrant of 

execution of deorees. of arrest. arrest. 


Rs. A. P. Rs. A. P. 

If the amount or value of the subject- 
matter in dispute or of that sought to 

be recovered does not exceed Rs. 20 . 0 4 0 10 0 

If it exceeds Rs. 20, but does not exceed - 
■ Rs; 60.080 100 



The District of Abu.—( VIII. — Orders under Acts locally applied.) 157 


In original suits For eveiy process not 

or appeals or in cases of being a warrant 

execution of decrees. of arrest. 

Rs. A. P. 

If it exceeds Rs. 50, but does not exceed 

Rs. 100 .10 0 

If it exceeds Rs. 100, but does not exceed 

Rs. 200 . 1 4 0 

If it exceeds Rs. 200, but does not exceed 

Rs. 300 . 1 8 0 

If it exceeds Rs. 300, but does not exceed 

Rs. 500 . 2 0 0 

If it exceeds Rs. 500 but does not exceed 

Rs. 1,000 . 3 0 0 

If it exceeds Rs. 1,000, but does not exceed 

Rs. 5,000 . 4 0 0 

If it exceeds Rs. 5,000, but does not exceed 

Rs. 10,000 . 5 0 0 

If it exceeds Rs. 10,000, but does not 
exceed Rs. 25,000 . . . . 6 0 0 

If it exceeds Rs. 25,000 . . . . 8 0 0 


For every 
warrant of 
arrest, 

Rs. A. P. 
18 0 
2 0 0 

3 0 0 

4 0 0 

5 0 0 

6 0 0 

7 0 0 

8 0 0 
10 0 0 


(а) Tlie amount or value o£ the subject-matter of a suit or appeal, 

as determined in sections 7 and 8 of the Court Fees Act, 
1870, or under the rules made under the Suits Valuation 
Act, 1887 (VII of 1887), whichever is higher, shall regu¬ 
late the fees payable according to the above schedule, and 

(б) a uniform fee of annas eight shall be levied on every process 

# issued— 


(i) in any suit or appeal not coming under clause (a) of this 
rule, or * 

( ii ) in any miscellaneous proceeding other than a proceeding 
in the execution of a decree; 

(c) for each peon detained for more than three days in charge of 
attached property or in charge of a judgment-debtor under 
rule 40, sub-rule (3) of Order XXI, of the Code of Civil 
Procedure, 1908 (Act V of 1908), or otherwise, a daily fee 
of annas four in cash shall be levied. 


2. A separate process shall be issued for each person summoned or 
arrested or upon whom a notice is served, and a separate fee shall be 
charged for each process. 

3. When a process issued by a Civil Court is returned unserved, the 
party at whose instance a fresh process is issued shall, save in the case 
provided for by the rule next following, pay the full fee chargeable 
thereon unless the Court, for reasons to be recorded by it, otherwise 
directs. 

4. When a summons is not declared to have been duly served after 
an enquiry under Order V, rule 19, of the Code of 0ml Procedure, no 
process fee shall be levied upon re-issue. 


o 2 



158 The District of Abu.—( Vlll . — Orders under Acts locally applied.} 


PART II.— Rules applicable to Criminal Courts. 

5. No fee stall be levied on any process issued by a Criminal Court 
in cognizable cases, that is, cases in which, the Police may arrest without 
warrant, as set forth m the second schedule to the Code of Criminal 
Procedure, 1898, or any other law in force for the time being. 

6 . In non-cognizable cases, that is, cases in which the Police have by 
law no power to arrest without warrant, process-fee shall be levied 
according to the following scale, viz .:— 

Rs. A. P. 

( i ) For every summons or notice.0 4 0 

(ii) For every warrant of arrest.0 6 0 

(tii) For every proclamation for any absconding person 

(Code of Criminal Procedure, 1898, section 87) . . 10 0 

(tv) For every warrant of attachment . . . .080 

Provided that no fee shall be levied on any process issued on the 
complaint of any public officer acting as such. 

Provided also that the Court may, in its discretion, or for reasons to 
be recorded in writing, remit the whole or any portion of the amount 
of the process-fee leviable under this rule. 

7. Rules 2,, 3 and 4 shall apply, mutatis mutandis , to process issued 
by Criminal Courts. 


PART III.— General. 

8 . No fees shall be levied for any process which a Court may issue of 
its own motion or by order of a superior Court in any suit or proceeding, 
and not at the instance of any party to the suit. 

9. A process issued by any British Court, whether of Civil, Revenue 
or Criminal jurisdiction, shall be served free of charge by the Courts 
within the District of Abu, if it be certified on the process that the 
proper fee has been levied under the rules in force in the Court issuing 
it. When any Court, situated within the District of Abu, sends a pro¬ 
cess for service or execution beyond the local limit* of its ordinary juris¬ 
diction, such Court shall endorse on the process a certificate that the fee 
chargeable under these rules has been levied. 

PART IV. —Subsidiary Instructions. 

10. The Nazir or any other officer of the Court conducting the sale of 
property in execution of a decree shall, under the orders of the Court 
ordering the sale of such property, be entitled to receive a commission 
at the rate of Rs. 5 per centum on the proceeds of the sale when such 
proceeds do not exceed Rs. 500 and at the rate of Re. 1 per centum on 
proceeds exceeding Rs. 500. 




The District of Abij. — (VIII.—Ordcn under Acts locally applied .) 159 


11 . No process stall be prepared or issued until the requisite fee has 
been paid. 

12. No process-fees shall be levied on proclamations for the sale of 
property in execution of a decree. If any expenses are incurred under 
Order XXI, Rule 6T, of the Civil Procedure Code, Act V of 1908, in the 
proclamation of sale as for instance by advertising in the newspapers, 
etc., such expenses must be met from the sale-proceeds o£ the property 
sold. 

13. The above rules shall apply, mutatis mutandis, to processes issued 
by Revenue Courts. 

[Gazette of India , 1917, Pt. II, p. 2564.] 

Remissions . 

No. 5768 , dated the 17th October , 1925 .—In exercise of the powers 
conferred by section 35 of the Court Fees Act, 1870 (YII of 1870), as in 
force in the District of Abu, the Hon’ble the Agent to the Governor 
General is pleased to make in the District of Abu, the remissions herein¬ 
after set forth in the fees leviable under Articles 11, 12 and 12 (a) of 
the first Schedule of the said Act as in force, on the property of (i) any 
person subject to the Naval Discipline Act (29 & 30 Viet., c. 109), the 
Army Act (44 & 45 Viet., c. 58), the Air Force Act (7 & 8 Geo. 5, c. 51) 
or the Indian Army Act, 1911 (VIII of 1911), who is killed or dies from 
wounds inflicted, accidents occurring or disease contracted while on 
active service or on service which is of a warlike nature or involves the 
same risk as active service, and (ii) any person being a Government 
servant, civil or military, who dies from wounds inflicted while in actual 
performance of his official duties or in consequence of these duties. 

Remissions. 

(a) Where the amount or value of property, in respect of which the 
grant of Probate or letters of administration is made, or 1 [which is speci¬ 
fied in the certificate under Part X of the Indian Succession Act, 1926] 
XXXIX of 1925), as in force does not exceed Rs. 50,000, the whole of 
the fees leviable in respect of that property; 

(b) Where the said amount or value exceeds Rs. 50,000 the whole of 
the said fees in respect of the first Rs. 50,000. 

[Gazette of India , 1925, Pt. II-A, p. 330.] 

Cattle TitESPAfts Act, 1871. 

Fines for cattle impounded. 

No. 134-Pol. 129, dated the 18th May , 1929. —In exercise of the powers 
conferred by section 12 of the Cattle Trespass Act, 1871 (I of 1871), as 

No. 1600, dated the 12th April, 1 m. Gazette ej 



160 The District of Abu. —(VIII.—Orders under Acts locally applied.) 


applied to the District of Abu, the Agent to the Governor General is 
pleased to direct that for every head of cattle impounded in the district 
of Abu in accordance with the provisions of the Act the pound keeper 
shall levy a fine according to the following scales: — 

Fine. 

As. 


Camel or buffalo.8 

Horse, pony, cow or bullock and calf aged two years and above 8 
Mare, gelding, colt, filly, mule, bull, heifer .... 4 

Calf below two years.4 

Ass or pig.2 

Sheep, goat or kid, ram, ewe and lamb.2 


Rajputana Agency Notification No. 731-Fi.-XI-32, dated the 3rd 
March, 1919, is hereby cancelled. 

[■Gazette of India, 1929, Pt. II-A, p. 219.] 

Extension of section 26 to cattle and enhancement of fine . 

No. 4890 , dated the 3rd October , 1918. —In exercise of the powers 
conferred by section 26 of Act I of 1871 (The Cattle Trespass Act), as 
amended by Act I of 1891, as applied to the District of Abu, the Hon’ble 
the Agent to the Governor General in Rajputana is further pleased to 
direct, with respect to the limits of the Abu Municipality, that the first 
portion of the said section shall be read as if it had reference to cattle 
generally, instead of to pigs only, and as if the words “ fifty rupees ” 
were substituted for the words “ ten rupees 

[Gazette of India , 1918, Pt. II, p. 1851.] 

Opium Act, 1878. 

Abu District Opium Rules. 

No. 2539, dated the 25th May, 1918.—— In exercise of the powers con¬ 
ferred by sections 5 and 13 of the Opium Act, 1878 (I of 1878), as applied 
to the District of Abu, and with the previous sanction of the Governor 
General in Council, the Hon^ble the Agent to the Governor General in 
Rajputana is pleased to make the following rules: — 

CHAPTER I.—Definitions. 

1 . Definitions. —In these rules, unless there is anything* repugnant in 
the subject or context:— 

(1) “ The District ” means the District of Abu as defined in the 
Notification of the Government of India in the Foreign and Political 
Department, No. 222U. B., dated the 1st October, 1917. 

(2) M Agent to the Governor General ” means the Agent to the 
Governor General in Rajputana. 





The District op Abtj.—(F777.— Orders under Acts locally applied.) 161 

(3) cc Collector ” means the District Magistrate of Atm or any other 
person specially authorized "by the Agent to the Governor General, by 
name or in virtue of his office, to discharge all or any of the functions 
of a Collector under these rules. 

(4) “ Opium ” means the inspissated juice of the poppy, and includes 
madak and chandu and all preparations or admixtures of opium and 
intoxicating drugs prepared from the poppy, but it does not include 
poppy-heads, or morphia drugs, separate rules for which have been 
published under the Hon'ble the Agent to the Governor General's Noti¬ 
fication No. 2540, dated the 25th May, 1918. 

(5) The expression “ poppy-heads ” means the heads or capsules of 
the poppy plant, which have not been lanced and dried, or from which 
the juice has not been extracted. 

(6) “ Tola 99 means a weight of one hundred and eighty grains troy. 

(7) “ Seer 99 means a weight of eighty tolas, and “ maund 99 means a 
weight of forty seers. 

(8) Opium, other than preparations dr admixtures of opium used for 
smoking, when sold in any quantity not exceeding three tolas in weight, 
and poppy-heads when sold in any quantity not exceeding five seers in 
weight, shall be deemed to be sold by <c retail 99 ; and when sold in*anj 
larger quantity shall be deemed to be sold “ wholesale 99 . 

(9) “ Licensed vendor 99 used with reference to opium or poppy-heads, 
or both, means a person to whom a license for the retail sale of opium, 
other than preparations or admixtures of opium used for smoking, or of 
poppy-heads or of both, as the case may be, has been granted under these 
rules by the Collector: and 

(10) “ Licensed druggist 99 means a person to whom the Collector 
has granted, free of charge, a license for the retail sale of opium, other 
than preparations or admixtures of opium used for smoking, and of 
poppy-heads for medicinal purposes only. 

CHAPTER II.— Possession and Sale. 

2. Permission to possess. —(7) Any person may possess:— 

(а) Opium, other than a preparation or admixture of opium used 

for smoking, to an amount not exceeding three tolas in 
weight. 

(б) Poppy-heads to an amount not exceeding five seers in weight. 

Provided that such opium or poppy-heads has or have been bought 
from a licensed vendor of opium or poppy-heads or from a licensed 
druggist, or imported under rule 12, sub-rule 1, or, ia the case of pre¬ 
parations of admixtures of opium or introxicating drugs prepared from 
the poppy, have been manufactured from opium bought from a licensed 



162 The District of Abxj. — {VIII*—Orders under Acts locally ayfhed*') 


vendor of opium or poppy-heads or from a licensed druggist, or imported 
under rule 12, sub-rule 1. 

(o) Any preparation or admixture of opium used for smoking to 
an amount not exceeding half a tola in weight, provided 
that such preparation or admixture has been manufactured 
for private consumption only and not for sale from opium 
lawfully possessed by such person, and that, when two or 
more persons are assembled together for the purpose of 
smoking, the aggregate quantity of such preparation or 
admixture possessed by them collectively shall not exceed 
one tola in weight. 

(2) Notwithstanding anything contained in sub-rule (2), the Collector 
may, by general or special order in writing, authorize any person to 
possess opium or poppy-heads in quantities not exceeding such weight 
as may be specified in the order. 

(3) A licensed druggist may, subject to the conditions of his license, 
possess opium, other than preparations or admixtures of opium used for 
smoking, not exceeding one seer ^ in weight, and poppy-heads not exceed¬ 
ing 10 seers in weight. 

Note.—N o license is required for the possession of medicinal pieparations con¬ 
taining opium imported from Europe. 


(4) A licensed vendor of opium or poppy-heads may, subject to the 
conditions of his license, possess opium other than preparations or ad¬ 
mixtures of opium used for smoking or poppy-heads, as the case may 
be, in any quantity. 

3. Permission to sell wholesale .—( 1 ) A licensed vendor of opium or 
poppy-heads may, subject to the conditions of his license, sell to a 
licensed druggist opium, other than preparations or admixtures of opium 
used for smoking, not exceeding one seer in weight, or poppy-heads not 
exceeding 10 seers in weight, as the case may he, 

(2) A licensed vendor of opium or poppy-heads may, subject to the 
conditions of his license, sell to a person specially authorized in that 
behalf by the general or special order in writing of the Collector, opium, 
other than preparations or admixtures of opium used foi* smoking, or 
poppy-heads, as the case may be, to the extent covered by the order. 


4. Permission to sell by retail .—(j?) A licensed vendor of opium or 
poppy-heads may, subject to the conditions of his license, sell opium, 
other than preparations or admixtures of opium used for smoking, or 
poppy-heads, as the case may be, by retail to any person. 

(2) A licensed druggist may, subject to the conditions of his license, 
sell opium, other than preparations or admixtures of opium used for 
smoking, or poppy-heads, by retail for medicihal purposes only. 

Nom—No license i& required for the sale by medical practitioners, chemists or 
druggists of medicinal preparations containing opium imported from Europe. 1 * 



Tiil District 01^ Anti. — (TUI .— Ordc/s under Acta locally applied!) 1 63 


5. Grant of licenses for retail sale. —( 1 ) Licenses for tlie retail sale 
of opium, other than preparations or admixtures of opium used for 
smoking, or of poppy-heads, or of both, may be gi anted by the Collector, 
for one year only, unless the Agent to the Governor General otherwise 
specially directs. 

(2) The Agent to the Governor General may, fioin time to time, fix 
the number of shops for which licenses may be granted under sub-rule 
(i), and the exclusive right to sell opium, other than preparations or 
admixtures ot opium used for smoking, or poppy-heads, or both, by retail 
at these sliops may be put up to auction by the Collectoi at or before 
the commencement of each official year, either for each shop singly or 
for groups of shops, as the Collector, subject to the control of the Agent 
to the Governor General, sees fit. 

(3) The conditions of ihe auction mentioned in sub-rule (2) may ha 
such that the sum payable in respect of the shop or shops, as'the ease 
may be, by the person declared to bo the purchaser at the au< tion shall 
be paid by that person in such instalments and at such times, and that 
such security may be required from him for the payment thereof, as, 
subject to any instructions that may be issued by the Agent to the Gover¬ 
nor General in this behalf, the Collector in each case directs. 

Provided that the right to sell opium, other than preparations or 
admixtures of opium used for smoking, or poppy-heads, or both, by re¬ 
tail, may be granted in given areas? to approved persons on the payment 
of such annual fee per shop as the Agent to the Governor General may 
from time to time determine. 

(4) The fee referred to in the proviso to sub-rule (3) shall be paid in 
a lump sum in advance, and the grant of licenses thereunder shall be 
made by the Collector with the approval of the Agent to the Governor 
General. The areas $nd shops in which grants may be made shall be 
fixed by the Collector three months before the commencement of each 
year, with the like approval. 

6. Cancellation of license for retail *alc. — (1) A license 'granted under 
the last foregoing rule may be cancelled without compensation by the 
Collector for breach of any of the conditions thereof. 

(2) Where the Collector considers tbet any such license should be 
cancelled for any cause, other than a breach of its conditions, he shall 
remit a sum equal to the average amount, payable to fifteen days of the 
period for which the license was’granted, and shall either give fifteen 
days* previous notice of his intention to cancel the license, or, in addition 
to remitting the sum aforesaid, make such compensation for default of 
notice as, the Agent to the Governor General directs. On the expiration 
of the notice, or on the payment of the additional compensation, the 
Collector may cancel the license. 



164 The District of Abu. —(F/77 .—Orders under Acts locally applied 


7. Surrender of licenses for retail sale .—(2) A licensed vendor may 
surrender his license on the expiration of one month’s previous notice 
given by him in writing to the Collector, of his intention to surrender 
the same, and on payment of such sum as the Collector may fix in this 
behalf, not exceeding the average amount payable for six months of the 
period for which the license was granted, or where the license is granted 
for a shorter period than one year, then for half that period. 

(2) If the Collector is satisfied that there is sufficient reason for sur¬ 
rendering a license, he may, with the sanction of the Agent to the 
Governor General, remit the sum so fixed. 

8 . Withdrawal of licenses .—The Collector may, at any time, with or 
without cause assigned, and without payment of compensation, withdraw 
a license from a licensed druggist. 

9. Power to prescribe forms .—The Agent to the Governor General 
may prescribe— 

(a) the forms and conditions in and on which licenses shall be 

granted by the Collector, and 

(b) forms for any other proceedings under these rules for which 

he considers that forms should be provided. 

10. Disposal of articles remaining with a licensed vendor after ex¬ 
piration of this license .—If a person who has been a licensed vendor 
has, in his possession, after the expiration of his license, any opium, 
other than preparations or admixtures of opium used for smoking, or 
poppy-heads, which he is authorised under the conditions of his license 
to sell but is unable to dispose of under rule 4, he shall on the requisition 
of the Collector surrender the same to such officer as the Collector may 
appoint in this behalf; and the person to whom a new license has been 
granted in the stead of the said licensed vendor, or if no such new license 
has been granted, then any licensed vendor of the article within the 
district, shall, on the requisition of the Collector, be bound, under 
penalty,, if the Collector sees fit, of forfeiting his license, to buy the 
opium or poppy-heads, as the case may be, at such price as the Collector 
may ad judge,, and in any quantity not exceeding that which the Collector 
may determine to be ordinarily saleable by him in two months. 

Provided that if such opium or poppy-heads, or any part thereof, is 
or are declared by the Civil Surgeon or other officer authorized in that 
behalf by the Agent to the Governor General to be unfit for use, the 
Collector shall cause the same to be destroyed, and no compensation in 
respect of such destruction shall be claimable by the former licensed 
Vendor. 

CHAPTER III.— Import, Export and Transport. 

11. Save as otherwise provided in rule 15 the import, export and 
transport of opium and poppy-heads are permitted only by means other 
than that of the post. 



The District of Abu. — (VIII.—Orders under Acts locally applied.) 165 


12. ( 1 ) Any person may personally import, export and transport 
without a pass or the payment of any duty, opium and poppy-heads in 
quantities which he is entitled to possess, provided that he shall not so 
import opium or its preparations or admixtures other than those used 
for smoking in any quantity exceeding one tola in weight. 

(2) Subject to the limits of possession laid down in rule 2, sub-rule 

(3), a licensed druggist may, with the special permission of the Collector, 
import for medicinal purposes opium, other than preparations or ad¬ 
mixtures of opium u$ed for smoking, or poppy-heads, from such places 
and in such manner and in such quantity as may be prescribed in a 
permit granted to him for this purpose. 

Note. —No permit is required for the import from Europe by a medical practi¬ 
tioner, chemist or druggist of medicinal preparations containing opium. 

13. (2) A person authorized by a general or special order in writing 
of the Collector to possess opium or poppy-heads in quantities exceeding 
those specified in rule 2, sub-rule (7), may import opium or poppy-heads 
to the extent to which he is authorized to possess the same, subject to 
such conditions and by such routes as the Collector may, by general or 
special order, from time to time, prescribe. 

(2) Opium, other than preparations or admixtures of opium used for 
smoking, or poppy-heads in quantities exceeding those specified in rule 
2, sub-rule (7), may be imported by rail or by road by any person holding 
a license to sell opium wholesale or retail. 

Provided that such opium shall be imported— 

(а) under cover of an import pass obtained in the manner pro¬ 

vided by sub-rule (3) of this rule, and 

(б) subject to the payment of such import duty as may be leviable 

for the time being. 

(3) Any person licensed to sell opium, who requires a pass for the 
import of opium or poppy-heads, may apply for such pass to the Collec¬ 
tor. The application shall be in writing and shall contain the following 
particulars, namely: — 

(а) the name and description of the applicant; 

(б) the nature of his license; 

(c) the quantity of opium or poppy-heads which he wishes to 
import. 

(4) Every import pass granted under these rules shall be in such form 
and shall contain such conditions, in addition to those hereinafter fol¬ 
lowing, as the Agent to the Governor General may prescribe, 

Provided as follows:— 

(a) All opium and poppy-heads imported under an import pass 
abaft, oh being brought into the District, be taken, with 



16§ The District of Aim.—(F/ZZ.— Orde/s unde/ Acts locally applied .) 


bulk unbiokeii, by the person in charge thereof iirect to 
such office as is specified in the pass. 

(b) On arrival at such office the opium or poppy-headi together 
with the import pass shall be delivered to the officer named 
in that behalf in such import pass, and shall not be returned 
to the importer until the duty leviable theraon has been 
paid into the treasury and a treasury receip for the same 
produced. 

14. The import, transport and export of opium and all preparations 
thereof and of poppy-heads by the Sirohi State for the bona fide use of 
the State Excise Department or the shops licensed by the State, is per¬ 
mitted if covered by a pass issued by the Collector. 

CHAPTER III-A.— Exemptions. 

15. The preparations specified m Schedule I may be imported, ex¬ 
ported, transported, transited, possessed and sold without restriction, 
provided that the import of these preparations from foreign countries is 
permitted only by means other than of the post. 

CHAPTER IV.— Disposal of things confiscated. 

16. Disposal of confiscated things .—(1) All things confiscated under 
the Opium Act, 1878, except poppy, poppy-heads and opium shall be 
disposed of by the Collector by public auction. 

(S) Poppy and poppy-heads so confiscated shall bo disposed of as the 
Collector may direct. 

(3) Opium so confiscated shall be sent for examination to the Civil 
Surgeon or other officer authorized in that behalf by the Agent to the 
Governor General; and if declared by him to be fit for use, shall be- 
disposed of in such a manner as the Collector may direct; if the opium 
is declared by the officer aforesaid to be unfit for use, it shall imme¬ 
diately be destroyed. 

CHAPTER V .—Appeal and Revision. 

17. Appeal . An appeal shall lie to the Agent to the Governor Gene¬ 
ral from every order of the Collector under these rules if presented to 
the Agent to the Governor General, or to the Collector for transmission 
to the Agent to the Governor General, within thirty days from the date 
of the order. 

18. Revision ^The Agent to the Governor General may revise every 
order passed by the Collector under these rules. 

19. Form, of petition.—A. petition of appeal from, or for revision of, 
an order &b,all be accompanied by tbe order in original or by an authenti- 




The District of Abu. — (VIII.—Orders under Acts lot ally applied.) 167 


cated copy thereof, or the omission to produce the original or copy shall 
be explained. 


SCHEDULE I. 


Rule 15. 


1. Anarcotine or Nareotine (or 

Nareotina) and its deri¬ 
vatives. 

2. Anti-Emesis Mixture (Dr. 

Duarte’s). 

3. Barsh. 

4. Bow’s Liniment. 

5. Brompton’s Consumption 

and Cough Specific. 

G. Oereoli Acidi Tannici et 
Opii. 

7. Chamberlain’s Colic Re¬ 

medy. 

8. Codamine. 

9. Cotarnina. 

10. Cotarninue Hydroohloridum 

or Stypticin. 

11. Cotarninae Phtlialas or 

styptol. 

12. Cough Mixture (Dr. 

Duarte’s). 

13. Cryptopine. 

J4. Decoctum Papaveris. 

15. Dover’s Powder, see Pulvis 

Ipecacuanhae Compo- 
sita. 

16. Elixir Pepsine et Bismuthi 

Comp. 

17. Emplastrum Opii. 

18. Enema Opii. 

19. Ethyl Narcein Hydrochlo¬ 

ride, see Narcyl. 

20. Perris, see Mistura Bis- 

muthi Composita Aroma- 
tica. 

21. Gnoseopine. 

22. Hewlett, see Mistura Pepsi* 

n&e Composita cufct Bia* 
mutho. 

23. fijrdroootarnme. 


24. Lanthoptine. 

25. Linctus Opiatus. 

26. Linimentum Opii. 

27. Linimentum Opii Amnio- 

niatum. 

28. Lotio Plumbi Opio. 

29 Mecomasine. 

30. Meconidine. 

31. Meconii Periodidum. ' 

32. Meconine. 

33. Mercuric chloride with 

potassium iodide com¬ 
pressed tablets Ho. 45 
containing 1-10 gr. of 
powdered opium (Parke 
Davis & Co.). 

34. Mistura Bismuthi Compo¬ 

sita Aromatiea vel Liquor 
Err is. 

35. Mistura Cretae Composita. 

36. Mistura Pepsinae Compo¬ 

sita cum Bismutho (Hew¬ 
lett’s). 

37. Mistura Pepsine cum Bis- 

mutho (Huxley). 

38. Mistura Scillae Composita. 

39. Mistura Scillae et Opii. 

40. Narceina Narceine. 

41. Narcotine, see Anarcotine* 

42. Narcyl or Ethyl Narcein 

Hydrochloride. 

43. Nepenthe and its prepara¬ 

tions. 

44. Opium wool. 

45. Papaverine. 

46. i Papaveri Capsules (only 

dried poppy heads from 
triuciL opium has bee# 
extracted). 




168 The District of Abu. — (VIII.—Orders under Acts locally applied') 


47. Paregoric Elixir, see Tine- 

tnra Camphorae Compo- 
sita. 

48. Pilula DigitalivS et Opii 

Composita. 

49. Pilula Hydrargyri cum 

Creta et Opio. 

50. Pilula Hydrargyri cum 

Opio. 

51. Pilula Ipecacuanha© cum 

Seilla. 

52. Pilula Plumbicum Opio. 

53. Pilula Saponis Composita. 

54. Pilulae Ipecacuanhae cum 

TIrginea. 

55. Porphyroxin. 

56. Protopine. 

57. Pulvis Oretae Aromaticus 

cum Opio. 

58. Pulvis Ipecacuanha© Com- 

positus or Dover’s Pow¬ 
der. 

59. Pulvis Ipecacuanha© cum 

Seilla. 

60. Pulvis Kino Compositus. 

61. Pulvis Opii Compositus. 

62. Pulvis Plumhi cum Opio. 

63. Rhocadine. 

64. Sanative Pills (Jayne’s). 

65. Sedative Lotion (Dr. 

Duarte’s). 


66. Solubes Plumbi et Opii. 

67. St. Jacob’s Oil. 

68. Stypticin, see Contarninae 

Hy drochloridum. 

69. Styptol, see Contarninae 

Phthalas. 

70. Suppositoria Plumbi Com¬ 

posita. 

71. Syrupus Camphorae Com¬ 

positus. 

72. Tabellae Saponis Compo- 

sitae. 

73. Tabletti Plumbi cum Opio. 

74. Thehaine. 

75. Tinctura Antiperiodica. 

76. Tinctura Camphorae Com¬ 

posita or Paregoric 
Elixir. 

77. Tinctura Opii Ammoniata. 

78. Tinctura Opii Benzoica. 

79. Tinctura Opii Crocata. 

80. Tinctura Opii Deodorata. 

81. Tritopine. 

82. Unguentum Gallae cum 

Opio. 

83. Unguentum Myrabolam 

cum Opio. 

84. Unguentum Opii. 

85. Xanthaline. 


[Gazette of India , 1918, Pt. II, p. 924.] 


Forms for use under the Abu District Opium Buies * 

No. 3511-48, dated the 4th July , 1918 .—Under the provisions of 
Rule 9 of the Abu District Opium Rules 1 published with his Notification 
No. 2689, dated the 25th May, 1918, the Hon’ble the Agent to the 

1 Printed, mpra, p. 160. 



The District of Abxj.— (VIII*—Orders under Acts locally applied .) 169 


Governor General is pleased to prescribe the following forms for use 
tinder the said Rules: — 


Special Order to possess Opium granted under Rule 2 (2) of the Opium 
Rules of 1918 to such persons as may be approved by the Hon’ble 
the Agent to the Governor General in Rajputana . 

You . of 


Po^y^Sad s are hereby pe rm itted to have in your possession 

opium and poppy heads in the quantities noted 
on the margin on condition: — 

I. That the opium and poppy-heads thus possessed by you are 
used by yourself and the members of your household and 
by your servants* and by no other persons. 

II. That no opium or poppy-heads are sold by yourself or by any 
member of your household or by your servants. 

III. That you supply yourself and your household and your ser¬ 
vants with the opium and poppy-heads required for your 
use, by importing the same under a pass granted by the 
Collector of Abu or by purchasing the same from the Col¬ 
lector of Abu, a licensed vendor, or a person authorised by 
the Collector by special order to sell opium and poppy- 
heads wholesale. 


IV. This order shall hold good for 

V. An infringement of any of these conditions will render this 
order liable to cancellation. 


Abu the 


19 . 


Collector of Excise Revenue , Abv» 


License to Licensed Druggist under Rule 2 (3) of the Opium Rules of 

1918 . 

District of Abu 
Number of license 
Name of licensee 
Locality 

Special license granted to following the profession of 

at in the District of Abu, for the retail vend 

of opium, pure or mixed, other than preparations or admixtures of opium 
used for smoking, and poppy-heads from the date of this license to the 
day of 19 on the following conditions:— 

I. That such opium or poppy-heads shall be procured from a 
licensed vendor, except medicinal preparations of opium not 



170 The District of Abtj. — (VIII.—Orders under Acts locally applied.) 


locally procurable, winch he shall be permitted to impoifc 
from elsewhere, 

II. That under no circumstances shall the licensee possess opium 
exceeding* one seer or poppy-heads exceeding 10 seers in 
weight respectively. 

III. That the opium and poppy-heads shall be used bond fide as 

medicine or in medicinal preparations. 

IV. That the Collector may, at any time, with or without cause 

assigned, and without payment of compensation, withdraw 
this license. 

V. That infringement of any of the foregoing conditions shall 
render the licensee liable to the penalty prescribed by the 
law for the time being in force and to the forfeiture of this 
license. 

Collector of Excise Revenue , Abu. 

Abu, the 19 . 


License granted by Collector t'o Licensed Vendors under Rule 5 of the 
• Opium Rules of 1918 . 

Be it known that son of resident of 

is hereby authorised to sell by retail* opium or 
poppy-heads or both (excluding preparations or admixtures of opium 
used for smoking from the date of this license to the day of 
I'** j in upon the following conditions, 

any infringement of which shall render the licensee liable to forfeiture 
of license or to such fine not exceeding fifty rupees as the Collector thinks 
fit to impose and subject him to the penalty prescribed by law for such 
offence: — 

I. That he shall pay in advance on the first day of each month 
commencing on the 19 on account 

of his license the following sums: — 

II. That all risks of loss from failure of seasons or from any 
other cause whatsoever shall be borne by him, and he shall 
make all payments as aforesaid from time to time as they 
fall due without any excuse or claim for compensation 
whatsoever. 






The District of A±hj. — (VIII.—Oideis under Acts locally applied.) 171 


III. That he shall he hound by the Opium Act, the rules framed 
thereunder hv the Hon’ble the Agent to the Governor 
General in Kajputana, and all other laws in force for the 
time being in this behalf. 

IY. That he shall keep a shop (or shops) oulv at I he place (or 
places) noted in the margin, or at such otler place (or 
places) as the Collector with the previous sanction of the 
Hon’ble the Agent to the Governor General in Itajputana 
may from time to time permit or order 

V. That he shall supply himself with opium and poppy-heads 

which he is lieieby authorised to sell, not otherwise than by 
either importing opium or poppy-heads under the provi¬ 
sions of the Opium Hides of 1918, or by the purchase of 
tbo same from (be Collector of Abu, or u person authorised 
by general or special order in writing of the Collector to 
sell opium or poppy-head# or both wholesale,* and that he 
shall always maintain in his shop (or shops) such minimum 
stocks of opium and poppy-heads, as may be directed by 
the Collector. 

That Ite shall not adulterate or mix any foreign substance or 
material whatever in the opium sold hy him , and that the 
opium sold hy him shall he pure and of good quality. 

VI. That he shall not sell to one and the same person (other than 

a licensed druggist or to persons to whom a special order for 
possession has been issued by the Collector) on any one day 
opium or poppy-heads exceeding in the aggregate 

VII. That he shall not sell to any licensed druggist more than one 
seer of opium or 10 seers of poppy-heads at one time. 

Till. That he shall not receive grain, ornaments, wearing* apparel, 
or other goods in barter or pawn for opium or poppy-heads. 

IX. That he shall keep his shop (or shops) open during such 
hours as may from time to time he prescribed by the Col¬ 
lector. 

X. That he shall not sell opium or poppy-heads to any person 
under 16 years of age or to any insane person. 

XI. That he shall not permit any person of notoriously bad 
character to resort to his shop (or any of his shops); that 
he shall prevent gaming and disorderly conduct therein; 
that he shall give information to the nearest Hagietr&ie or 
police officer of any suspected person who may resort to his 
shop (or shops). 

XII. That he shall keep such account of stock and sales as may be 
prescribed or from time to time be required by the Collector. 




172 The District of Abu. —(F//7.— Orders under Acts locally applied.) 

XIII. That the weights and measures used in his shop (or shops) 
shall be such only as may be prescribed by the Collector 
and shall be tested and stamped at his own expense under 
the orders of the Collector. 

XIY. That he shall have constantly fixed in a conspicuous part of 
the front of his shop (or shops) a signboard bearing in 
legible characters in the English, Urdu and Hindi lan¬ 
guages his name and the words “ Licensed retail vendor of 
opium or poppy-heads 

XY. That he shall produce for inspection on the demand of the 
Collector or other officer duly authorised in his behalf, his 
license and accounts, and allow such Collector or officer 
access to his shop (or shops) when required so to do at any 
hour of the day or night. 

XYI. That this license may be surrendered by the licensee on his 
giving one month’s previous notice in writing to the Col¬ 
lector, and paying such sum as may be fixed by, or with 
the sanction of the Collector under Rule 7 (1) of the Opium 
Rules of 1918. 

XYII. That no consumption of opium or its preparations shall be 
allowed on his premises. 

XYIII. That chloral hydrates shall not be sold or even kept in stock 
by the holder of this license . 

Collector of Excise Revenue, Abu* 

Abu, the 19 * 

Pass for Import of Opium or Poppy-‘heads into the District of Abu [Rule 
13 (4), Abu District Opium Rules of j 1918,'] 

No. dated 19 . 

1. Name and father’s name of importer. 

2. Name and particulars of person consigning the opium or poppy- 

heads. 

3. Place from which to be imported. 

4. Description of opium or poppy-heads. 

5. Quantity of opium or poppy-heads. 

6. Route and place of destination. 

7. Office where the opium or poppy-heads shall be taken for payment 

of duty. 

8. Period for which pass is current. 


Collector . 



The District of Abu. — (VIII.—Orders under Acts locally applied.) 173 


All opium and poppy-heads imported under an import pass shall, on 
being brought into the District of Abu, be taken, with bulk unbroken, 
by the person in charge thereof direct to such office as is specified in 
the pass. 

On arrival at such office the opium or poppy-heads together with the 
import pass shall be delivered to the officer named in that behalf in 
such import pass and shall not be returned to the importer until the duty 
leviable thereon has been paid to Government and a receipt for the same 
produced. 

[Gazette of India, 1918, Pt. II, p. 1379.] 


Abu Morphia Rules, 1918. 

No. 2540 — 48, dated the 25th May, 1918. —In exercise of the powers 
conferred by sections 5 and 13 of the Opium Act, 1878 (I of 1878), and 
with the previous sanction of the Governor General in Council, the 
Hon’ble the Agent to the Governor General, Rajputana, is pleased to 
make the following rules to regulate the manufacture, possession, import, 
export, transport and sale of morphia drugs in the District' of Abu: 

1. These rules may be cited as the Abu Morphia Rules, 1918. 

2. In these rules, unless there is something repugnant in the subject 
or context,— 

(a) “ The Act ” means the Opium Act, 1878. 

(1) “ Approved practitioner ” means— 

(i) any person registered as a medical practitioner under the 

Medical Act, 1858, and any Act of Parliament amending 
the same, or under any law for the registration of medical 
practitioners for the time being in force in any part of 
British India, or 

(ii) any person registered as a dentist under the Dentist’s Act, 

1878, and any Act of Parliament' amending the same, or 

(m) any person possessed of qualifications which render him 
eligible for registration as a medical practitioner or 
dentist, as the case may be, under the Medical Act, 1858, 
the Dentist’s Act, 1878, and any Act of Parliament 
ft-mAudi-ng the same Acts, or under any, law for the 
registration of medical practitioners or dentists for the 
time being in force in any part of British India, and 
approved by the Collector for the purpoaeof these rules, 
or of corresponding rules for the time, being in force in 
any part of British India , f . 

(m>) any other person engaged in Medical or Veterinary practice 
and approved by the Collector for the purposes of these 



174 The District oe Abu. —(TT27 .—Orders under Acts locally applied.) 


rules or by tlie prescribed authority for the purpose of 
corresponding rules for the time being in force in any 
part of British India. 

(c) “ Collector ” means the District Magistrate of Abu or any 

other person specially authorised by the Hon’ble the Agent 
to the Governor General in Bajputana by name or in virtue 
of his office to discharge all or any of the functions of a 
Collector under these rules. 

( d) cc Licensed dealer ” means a person who has obtained a license 

under these rules for the manufacture, possession and sale 
otherwise than on prescription of morphia drugs. 

(c) es Licensed chemist ” means a person who has obtained a 
license under these rules for the manufacture, possession 
and sale on prescription of morphia drugs. 

(/) “ Morphia drug 99 includes all alkaloids of opium and their 
sails, and preparations containing any of these articles. 

(y) “ Prescription 99 means a prescription given by an approved 
practitioner for the supply of morphia drugs to a patient. 

(h) t( District 99 means the District of Abu as defined in Notifi¬ 
cation No. 2221-1. B., dated the 1st October, 1917, by the 
Government of India in the Foreign and Political Depart¬ 
ment. 


TI.— Manufacture. 

3. A licensed dealer or chemist may, subject to the conditions of his 
license, manufacture morphia drugs from opium or morphia drugs law¬ 
fully possessed by him. 1 

4. A licensed chemist may, subject to the provisions of rule 20, 
dispense morphia drugs on prescription. 

* 


III.— Possession. 

5. Any person may possess such quantity of morphia drugs as has 
been at one time dispensed and sold for his use in accordance with 
the provisions of rules 4 and 20, or of corresponding rules for the time 
being in force in any part of British India. 

6. Ah approved practitioner may possess for his use in his practice, 

hut not for sale, morphia drugs not exceeding in the aggregate 120 
grains: | 

Provided that the Collector may, by special order, authorise any 
such practitioner to possess as aforesaid any larger quantity. 




The District or Abu.— (F ///.—Orders under Acts locally applied.) 175 


7. A person authorised in this behalf by tlie Collector by an order 
made under rule 22 may possess such quantity of morphia drugs in 
such manner as may be specified in such order. 

8. A licensed dealer or licensed chemist may possess such quantity 
of morphia drugs m such manner as may be specified in his license. 

9. A per »on to whom a pass has been granted under these rules for 
the import, export or transport of morphia drugs may possess such 
quantity of morphia drugs in such manner as may he specified in his pass. 


IV. —l m pint, c-rpoit and trunspmt. 

10. Any person may import, uxport and transpoit such morphia drugs 
as lie may lawfully possess under rule 5. 

11. An improved practitioner may import, export and transport such 
morphia drugs as be may lawfully possess under rule (>. 

Hi. A person authorised in Ibis behalf by the Collector by an order 
made under rule 22 may import such quantity of morphia drugs in such 
manner as may bo specified in such order, on an indent countersigned 
by a Chief Medical Officer or Civil Surgeon or Superintendent of the 
Civil Veterinary Department. 

12. A person to whom a pass lias keen granted under these lules for 
•the import of morphia drugs may import such quantity of morphia drugs 
in such manner as may he specified in his puss. 

14. When a pass has been granted (a) under the rules for the time 
being in force in any part of British India outside the District or (b) by 
the Resident or Political Agent in any Native State or Foreign Territory 
to bring morphia drugs from the District into such part, State or 
Territory and when such pass has been countersigned by the Collector 
in accordance with these rules, a licensed dealer may, subject to the con¬ 
ditions of his license, export such quantity of morphia drugs in such 
manner within such period and by suoh route as may be specified in such 
pass. 

An indent for morphia drugs countersigned by a Chief Medical Officer 
or Civil Surgeon or Superintendent of the Civil Veterinary Department 
shall for the purposes of this rule be deemed to be a pass, and shall not 
require further countersignature. 

15. A person authorised in this behalf by the Collector by a special 
order made under rule 23 may export such quantity of morphia drugs in 
such manner as may be specified in such order. 

1C A person to whom , a pass, has Wu granted under these rules for 
the transport of morphia drugs may transport' such quantity of morphia 
drugs in suoh manner as may be specified in his pass, 




176 The District op Abu. —('Vlll . —Orders under Acts locally applied .) 


17. Every person importing, exporting or transporting morphia shall 
comply with such general or special directions as may he given by the 
Collector. 

18. Nothing in these rules shall be deemed to permit— 

(2) the import of morphia drugs— 

(a) from any part of British India outside the District, unless 

the rules for the time being in force in such part relating 
to the export of morphia drugs have been complied with, 

(b) from any foreign territory, unless the duty leviable at the 

place of importation under the Indian Tariff Act’, 1894, 
or any other enactment for the time being in force has 
been paid, and the pass has been endorsed by the Customs 
Collector. 

(2) the import, export or transport of morphia drugs by post. 


Y.— Sale . 

19. A licensed dealer may, subject to the conditions of his license, 
sell, otherwise than on prescription, 

(а) to a dealer or chemist licensed under these rules or under the 

rules for the time being in force in any part of British India 
outside the District, 

(б) to an approved practitioner, 

(c) to a person authorised under rule 22 of these rules or under 
any corresponding rule for the time being in force as 
aforesaid, ' 

morphia drugs not exceeding the quantity which such dealer, chemist, 
practitioner or person may lawfully possess. He shall maintain a written 
record of every such sale in such manner as the Collector may direct. 

20. A licensed chemist may sell morphia drugs on prescription, subject 
to the following conditions, namely: — * 

(а) He shall sell morphia drugs in such quantity and for the use 

of such person only as may be specified in the prescription. 

(б) If the prescription does not bear a superscription by an ap¬ 

proved practitioner stating that it is to be repeated, and 
at what interval of time it is to be repeated, and how many 
times it is to be repeated, he shall sell morphia drugs once 
only on such prescription and shall retain the prescription; 
provided that he shall first warn the person presenting the 
prescription that unless it bears sudh a superscription as 
aforesaid it Yill be retained. 




The District of Abu.— (VIII.—Orders under Acts locally applied.) 177 


(c) II the prescription bears a superscription as aforesaid, he shall 

enter on the prescription the date of sale and shall sign or 
seal the prescription; provided that if it appears that mor¬ 
phia drugs have already been sold on the prescription six 
times or such number of times as the prescription is required 
to be repeated, or that the interval specified in the super¬ 
scription has not elapsed since the prescription was last 
dispensed, he shall not sell morphia drugs on such prescrip¬ 
tion unless it is further superscribed m that behalf by an 
approved practitioner. 

(d) Any other conditions that may be contained in his license. 

He shall maintain a written record of every such sale in such manner 
as the Collector may direct. 


VI.— Approved, authorisation, licenses and passes. 

21. The Collector may approve, for the purposes of rule 2 ( b ) of these 
rules, any person engaged in medical or veterinary practice. 

( 2 ) The Collector may in like manner approve any person possessed 
of the qualifications specified in rule 2 (b) (Hi ). 

22. The Collector may by general or special order authorise any 
approved practitioner in managing or supervising charge of a hospital 
or dispensary to possess, import and transport such quantity of morphia 
drugs in such manner as may be specified in such order. 

23. The Collector may by special order authorise any person to export 
morphia drugs. 

24. (1) The Collector may grant to any person a dealer’s license, 
permitting him to manufacture, possess and, subject to the provisions 
of rule 19, to sell morphia drugs. 

( 2 ) The Collector may grant to any person a chemist’s license, per¬ 
mitting him to manufacture, possess and, subject to the provisions of 
rule 20, to sell morphia drugs; provided that such license shall not 
authorise such chemist to possess a greater quantity than four ounces of 
morphia drugs. 

25. The Collector or such other officer as the Agent to the Governor 
General, Rajputana, may empower in this behalf, may- grant to any 
licensed dealer or licensed chemist a pass for the import of morphia 
drugs not exceeding the quantity which such dealer or chemist may 
lawfully possess. 

26. (1) 'When a pass has been granted (a) under , the rules for the 
time Vr»g in force in any part of British India outside the District, or 
(&) by the Resident or Political Agent in any Native State or Foreign’ 



178 The District of Abu.— (VIII.—Chdeis under Acts locally applied,") 


Temtoiy to any person to bring morphia drugs from the District into 
such part, State or Territory such person shall present such pass to the 
Collectoi, who shall enter therein the period for which the pass is to 
remain in force and the route by which and the person (if any) m whose 
charge the consignment is to be conveyed and the number and description 
of the packages, and shall countersign the pass. 

(2) When a pass has been granted to any person under these rules 
for the import of morphia drugs from foreign territories, such person 
shall present such pass to the Customs Collector at the place of import, 
who shall enter therein the particulars specified in sub-rule (1) and shall 
countersign the pass. 

27. The Collector or such other officer as the Agent to the Governor 
General, Rajputana, may empower in this behalf, may grant to any 
licensed dealei or licensed chemist a pass for the transport of morphia 
drugs not exceeding the quantity which such dealer or chemist may 
lawfully possess. 

28. Subject to the provisions of the Act and of these rules, every 
license or pass under these rules shall be in such form and shall contain 
such particulars, and shall be granted by such officer, on payment of 
such fees, for such period, and subject to such conditions, as the Col¬ 
lector may direct. 

29. (Z) Subject to any directions that the Collector may give in this 
behalf, the officer who has granted a license to or has by order approved 
or authorised any person under these rules may cancel or suspend such 
license or order— 

(?) if such person has— 

(а) failed to pay any duty or fee payable by him, 

(б) by himself or by any servant or person acting on his behalf, 

committed any breach of the conditions of such license or 
order or of these rules, 

(c) been convicted of any offence under the Act, or under the 
law for the time being in force relating to excise revenue, 
or of any criminal offence, 

(ii) if it is a condition of sucb license or order that it may be 
cancelled or suspended at' tbe will of such officer, 

(iii) in any other case, after giving to such person fifteen days’ 
notice, 

and shall cancel such license or order within fifteen days on receiving 
from such person notice that he desires to surrender the same. 

(£) When such license or order has been cancelled or suspended as 
aforesaid, such person shall forthwith mate over to the Collector all 
morphia drugs in his possession. * 



Tiie District of Abu. — (VIII*—Orders under Acts locally applied .) 179 


VII .—Disposal of morphia drugs and confiscated articles . 

30. Tlie Collector sliall cause all morphia drugs confiscated under 
the Act or delivered to him under rule 29 to be examined by the Chemical 
Examiner or by such other officer as the Collector may direct. If any 
such morphia drugs are certified by such officer to be fit for use, the 
Collector may sell them to any dealer or chemist licensed under these 
rules or under any rules for the time being in force in any part of 
British India or to any person authorised by an order under rule 22 
or any corresponding rules in force as aforesaid. The Collector may 
require any licensed dealer or chemist to purchase at such price as the 
Collector may direct any quantity of such morphia drugs not exceeding 
such quantity as the Collector may determine to be ordinarily saleable 
by him in two months. If any such morphia drugs are certified as 
aforesaid to be unfit for use, the Collector shall cause them to be 
destroyed. 

31. The Collector shall dispose of all other things confiscated in 
connection with any offence relating to morphia drugs in such manner 
as he may think fit. 

VIII.— Issue of subsidiary orders . 

32. Subject to the provisions of the Act and of these rules, the 
Collector may from time to time give such directions as he may think 
fit for the purpose of carrying out the provisions of the rules. 

IX.— Powers and duties of officers , appeals and revisions and rewards . 

33. The provisions contained in the rules relating to opium issued 
by the Agent' to the Governor General, Rajputana, under sections 5 and 
13 of the Act, shall, in so far as they refer to the powers and duties of 
officers, appeals and revisions and rewards, apply to the case of morphia 
drugs also. 

X.— Exemptions. 

34. The preparations specified in the annexed schedule may be trans¬ 
ported, imported, exported, possessed and sold without restriction, pro¬ 
vided that their import by sea shall be permitted only by means other 
than ihat of the post, j 


SCHEBT7T/B. 

1. Anodyne Pine Expectorant. 

2. Apocodeme Itydrochlorxdum, 

3. Apomorphine and its salts and preparations. 

4. Astringent wash, compressed tablets for, containing ^ gr. of mor¬ 
phia acetate (Parke Davis & Oo.). 



180 The District of Abu, — (VIII. — Orders under Acts locally applied*) 


5. Beecham’s Cough. Pills. 

6. Bcerhavis Odontalgic Essence. 

7. Camphorodyne. 

8. Cereoli Iodoformi et morphinae. 

9. Chlor: Anodyne, containing grs. of morphia hydrochlor: per 
fluid ounce (Parke Davis & Co.). 1 

10. Clilorodyne (Liquor Chloroformi Composita). 

11. Chrome Dysentery Mixture (Dr. Duarte’s). 

12. Codeine or Codeina and its salts and preparations. 

13. Elixir Pini Compositum. 

14. Glycerinum Heroini Compositum. 

15. Glycerinum Acetomorphinse. 

16. Haustus Apomorphinae Compositus. 

17. Insuffiatio Bismuthi et Morphinae. ■ 

18. Kay’s Linseed Compound. ’ 

19. Keating’s Pectoral or Cough Lozenges. 

20. Le Haurier’s Odontalgic Essence. 

21. Mistura Apomorphince et Terebeni. 

22. Mistura Bismuthi Composita cum Morphina. 

23. Mistura Chloroformi Composita. 

24. Mistura Salina Anodyna.' 

25. Morphia and ipecacuaha lozenges. 

26. Oleatum Morphinse. 

27. Peronin or Benzoyl Morphine Hydrochloride. 

28. Powell’s Balasam of Aniseed. 

29. Pulvis Morphime Compositus. 

30. Suppositoria Morphinse. 

31. Syrup Picis Liq cum Apomorphinse containing J grain Apomoiv 
phinse per fluid ounce (Ferris & Co.). 1 

32. Syrupus Apomorphinse. ' 

33. Tabellse Apomorphinte. 

34. Tabloid Hypodermic Ergotin et Morphinae. 

35. Tinctura Chloroformi et Morphinae Composita, 

36. TJrethral Injection (Dr. Duarte’s). 
x [37. Syrup Cocillana Compound.] 

[Gazette of India , 1918, Pt. II, p, 928*1 

1 Added by Notification No. 254, dated the 4th February, 1921. Gazette of 
India , 1921, Pt. II, p. 218. 


The District op Abu.— (VIII.—Orders under Acts locally applied .) 181 


Rewards for the prevention and detection of offences. 

No. 3320 , dated the 9th July , 1918 .—The Hon’ble the Agent to the 
Governor General is pleased to prescribe tke following rule .3 to regulate 
tke payment of rewards in tke District of Abu for tke prevention and 
detection of offences under tke Opium Act, I of 18T8: — 

1. (1) When an offender kas been convicted under section 9 of tke 
Opium Act, 1878, tke Collector may grant to any person wko kas con¬ 
tributed in any way to tke conviction a reward equal to the fine imposed 
upon tke offender. In no case shall rewards be granted by tke trying 
Magistrate. 

(2) If a prosecution kas failed to result in a conviction or if no sentence 
of fine kas been imposed tke Collector may grant a reward up to a limit 
of Rs. 100 m each case to any person or persons whom he may consider 
to deserve it. 

(5) If tke Collector is of opinion tkai tke reward he is empowered to 
grant to any person under tko above rules is insufficient ke may, with 
the previous sanction of tke Agent to tke Governor General, grant a larger 
reward not exceeding Rs. 500 in amount. ' 

2. Wken anything is confiscated under section 12 of tke Opium Act 
by the order of a Magistrate, tke Collector may grant to any peison who 
contributed in any way to its seizure the whole or part of its value. 

3. Tke Collector may at his discretion incur expenditure not exceed¬ 
ing Rs. 100 or with tke sanction o£ tke Agent to tke Governor General 
not exceeding Rs. 500 for the employment of informers or for any other 
purpose connected with the prevention and detection of offences against 
Ifche Opium Act. • 

4. All revenue Officers below the rank of Taksildar all police officers 
up to and including Inspectors and all Excise Officials except gazetted 
Officers are eligible for rewards. 

\Agency Notification .] 


Vaccination Act, 1880. 

Abu Municipality Vaccination Rules . 

No. 5830 —5, dated the 5th November, 1919 .—Tke following rules 
made by tke Abu Municipal Committee for the regulation of vaccine opera¬ 
tions within tke limits of tke Abu Municipality under section 19 of the 
Vaccination Act, XIII of 1880, as applied to tke District of Abu, are 
hereby published for general information. 

1. The area of the Abu Municipality shall be considered one vaccina¬ 
tion circle. 


182 The District or Abij. — (VIII.—Orders ander Acts locally ayylied.) 


2. Tlie Municipal Committee will provide a vaccination office in a 
convenient situation, and a board will be set up at this office and main¬ 
tained there, bearing the words 4< Yaccination Station ”, followed by a 
notice setting forth, for public information the name of the public vacci¬ 
nator, and the hours of his daily attendance at the station on vaccination 
duty, and a notice also notifying that the public vaccinator will, on 
due request made, attend for the vaccination of children at their homes 
In the circle, and a notice that no charge will be made for vaccination, 
whether performed at the Station or at the child’s home. 

3. The Civil Surgeon, Abu, shall ex-officio be Superintendent of 
Yaccination within the circle. 

4. The public vaccinator shall possess a certificate of qualification 
given by the General Superintendent of Yaccination, Rajputana, or 
by such medical officer as the Hon’ble the Agent to the Governor General 
shall direct, in the following form: — 

I hereby certify that I have examined and find 

him qualified for the office of public vaccinator. 


General Superintendent of 
Yaccination or Medical Officer. 

Dated the 19 . 

Before granting such certificate the General Superintendent of Yacci¬ 
nation, Rajputana, or the medical officer appointed in this behalf by 
the Hon’ble the Agent to the Governor General, shall be assured of 
the soundness of the candidate’s knowledge in regard to— 

(1) The vaccination operation. 

(2) The characteristics of a good vesicle and cicatrice. 

(3) The chief symptoms of small-pox disease. 

(4) The Yaccination Act and Rules. 

(5) The forms and certificates required under the rules. 

5. The public vaccinator shall be appointed by the Municipal Com-* 
mittee and may for recorded misconduct be suspended or dismissed from 
office by the Municipal Committee on the recommendation of the Sup¬ 
erintendent. 

0. The hours of daily attendance of the public vaccinator at the 
vaccine station shall be fixed by the Municipal Committee. 

7. A public vaccinator shall he a permanent, resident of the circle 
ancl shall he absent therefrom only for such periods of leave as may he 
granted hy the Municipal Committee, 1 



The District op Abu. —(VIII.—Orders under Acts locally applied.) 183 


8. The vaccination season is the period of nine months extending 
from the 1st October to 30th June. 

9. The public vaccinator shall at all times when engaged in the 
duties of his office wear a badge m the form of a brass-plate, with the 
words “ Public Vaccinator, Abu Municipality ”, engraved on it. 

10. The public vaccinator shall vaccinate children of the circle at 
their homes, at the request of a parent or guardian, or at any other 
place within the circle by direction of the Superintendent. He may 
also visit and vaccinate children residing beyond the circle, at the request 
of a parent or guardian and with the permission of the Sirohi Darbar 
and the Superintendent. 

11. Certificates of vaccination shall be in the form A hereto annexed. 

12. Certificates of unfitness for vaccination shall be in the form B 
hereto annexed. 

13. The public vaccinator shall issue to the parent or guardian a cer¬ 
tificate of vaccination in Form A on account of eveiy child vaccinated on 
the day of vaccination and shall complete the certificate on the day 
of examination and he shall also issue to the parent or guardian a certi¬ 
ficate in Form B of unfitness for vaccination on account of every child 
found unfit on the day of its examination. All cases of reported un¬ 
fitness for vaccination shall be referred by the vaccinator to the Superin¬ 
tendent whose countersignature to eveiy certificate issued in Form B will 
be necessary. 

Before final delivery to the parent or guardian of any certificate, the 
public vaccinator shall complete and sign the entries of its fly-leaf 
which shall remain bound in the book of such certificates. The public 
vaccinator shall be provided with books of the above Forms A and B. 

14. The lymph ordinarily used by the public vaccinator shall be 
glycerinated calf lymph obtained through the Superintendent under the 
orders of the General Superintendent of Vaccination, Bajputana. In 
case of failure of the lymph supply at any time of the season the General 
Superintendent of Vaccination or such medical officer as he may direct, 
shall renew the supply in tubes. In the event of a considerable demand 
for vaccination with animal lymph arising in the circle, the Superin¬ 
tendent shall cultivate such lymph for use in the circle. 

Vaccination instruments shall be supplied to the vaccinator free o l 
charge. 1 

15. 'No fee shall be charged for vaccination at the vaccination station 
of a person residing beyond the circle limits. If the operation and 
inspection are performed elsewhere than at the vaccination station the 
Committee may by general or special orders in this behalf charge a fee 

exceeding four annas per, individual. 



184 The District of Abu.— (VIII.—Orders under Acts locally applied.) 


16. Tie Municipal Committee shall take measures to prepare and 
keep tie following registers in tie forms appended to these rules: — 

(1) Register of infants born witlin the circle on or after the 1st 

January, 1920* with record of vaccination, in every mohalla 
of the Municipality. 

(2) Register of tie names of children now resident in or brought 

into Municipal limits after the 1st January, 1920, who 
have not been vaccinated or have not had small-pox, such 
children laving resided in the Municipality for not less 
than one month and being if boys, under the age of 14 
years; if girls, under the age of 8 years. 

17. The general register of vaccination performed in the circle 
and forms of monthly returns shall be prescribed by the General Sup¬ 
erintendent of Vaccination, Rajputana. 

18. At the commencement of every vaccination season the Secretary, 
Municipal Committee, shall cause notices to be affixed for public in¬ 
formation in every important portion or quarter of the circle in Form C 
both in Hindi and Urdu. ! 

The Secretary, Municipal Committee, may at any time during the 
Vaccination season direct the public crier to call attention to these 
notices. 

19. A monthly figured statement of results shall be submitted by 
the public vaccinator to the Superintendent during the vaccination season 
in the prescribed departmental form. At the same time a copy shall 
be sent to the Municipal Committee. 

The public vaccinator shall submit to the Superintendent and the 
Municipal Committee a figured statement of results for the season after 
its termination together with a concise report upon the working of the 
Act and rules during the season. 


Miscellaneous . 

20. All the fees received by the public vaccinator shall be credited 
to the Municipal Fund. 

21. If the Superintendent of Vaccination shall have proof that a 
parent or guardian has failed to procure the vaccination of a child 
under the Act, he shall cause to be delivered to such parent or guardian, 
or to be attached to his house, a notice in the accompanying fofcm D. 

If such notice is not complied with, the Superintendent of Vaccina¬ 
tion shall report the matter to the Secretary, Municipal Committee, who 
shall proceed as directed in section 18 of the Act. ; 



The District of Abu. —( VIII.—Orders under Acts locally applied-} 185 


FORM A. 

Abu Municipality. 


FLY LFAF. 


CERTIFICATE OF VACCINATION ISSUFD ON 


OF 19 


Register No. 


£ 

5 

s 

&0 

<u 


Vaccinated child. 


Parent or guardian. 




$ 

% 

ZJ 


li 


Result of opcta- 

tlOTk. 


Bate of presentation. 


Case examined 
on the 

and found 


I 


Result 


Note,—T he child herein mentioned is to be presented with the cer¬ 
tificate for examination on 


Public Vaccinator. 


Record of instructions 


Certified that the above is a true account of the vaccination it re* 
cords. This certificate was given to with 

instructions to 


Public Vaccinator 


Superintendent of Vaccination. 


Public Vaooinator. 


The entry in the column of results should be (1) *' successful or 
(2) “ unsuccessful ”, or (3) “ unsuccessful for the third time 

The instructions should be (1) to u preserve the certificete , j or (%) 
to u present the child for re-vaecia&tion 

(3) to “ consider, further vaccination of the child tnmecessary 

Instructions in 3?om (3) shall be countersigned by the Superintendent 















1S6 The District of Abo.— (VIII. — Orders wider Acts locally applied.) 


FORM B. 


Abo Municipality. 


No 


Date 


Name of child. 


Name of parent and place 
of abode. 


NO. 

CERTIFICATE OF UNFITNESS FOR VACCINATION ISSUED 
ON OF 19 . 


Child. 


I 

A 


PARENT OR GUARDIAN'. 


O © 

g 'S 

s & 

g * 


Instructions. 


Child to be pre¬ 
sented for re-ins- 
pection on 


Cause of unfitness 


Instructions 


I hereby certify that the above named child was presented to me 
for vaccination this day and found unfit for vaocination for a period 
of by reason of 


Public Vaccinator 


(Countersigned) 
Superintendent of Vaccination. 


Public Vacoinator. 


The instruction entry should denote (1) a fixed date of the current 
vaccination season or (2) a period of the next vaccination season. 


FORM C. 


Public notice, dated . The public are hereby 

informed that the vaccination season of 19 commenced on the 

, and this is to give notice that, in obedience to the law* every 
unvaccinated child of more than six months of age, resident within the 
4bu Municipality, should be presented by its patent or guardian to the 
public vaccinator for inspection, with a view to its vaccination, if found 
in good health. 


Secretary, Municipal Committee. 













The District op Abu. —(F777. — Orders under Acts locally applied.) 187 


FORM D. 

Notice issued under section 17 of the Vaccination Act on the 
of 19 . 

To 

(Name) of (address) Abu' 

The above named (name) is required to present to the public vacci¬ 
nator the undermentioned child (or children) on the of 
19 , for examination with a view to the vaccination of such child (or 
children). 

Name or description of child (or children) 


Superintendent of Vaccination. 



FORM No, I. 

Vaccination Register of Infants born in __ Abn Municipality commencing from 


188 The District of Abi u-{V111.-Orders under Acts locally applied.) 


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The District of Abtj.— (VIJI.—Orders under Acts locally applied.) 189 


Police Act, 1888. 

Creation of a General Police-District. 

No. 39 — 1123-lnt., dated, the 10th January, 1923. —Printed Volume 
VIII, North Central Division, under “ Orders under Arts locally 
applied.” 

Land Acquisition Act, 1894. 

Appointment of Collector. 

No. 5511, dated the 1st October, 1917. —In exercise of the powers con¬ 
ferred on him by section 3 (c) of the Land Acquisition Act, 1894 (I of 
1894), the Agent to the Governor General, Itajputana, is pleased to 
appoint the Officer for the time being holding or officiating in the appoint¬ 
ment of the District Magistrate of Abu to perform the functions of a 
Collector under the said Act within the District of Abu. 

[Gazette of India, 1917, Pt. II, p, 2156.] 

Jjand Acquisition Court. 

No. 1175, dated the 23rd March, 1918. — In exercise of the powers con¬ 
ferred by section 3 (d) of the Land Acquisition Act, 1894 (I of 1894), as 
applied to the District of Abu by Notification 1 No. 2221-1. B., dated the 
1st October, 1917, of the Government of India in the Foreign and Political 
Department, the llon’ble the Agent to the Governor General in Raj- 
putana is pleased to appoint the Resident, Western Rajputana States, 
within the District of Abu, to perform the functions of a court under 
the Land Acquisition Act. 

[Gazette of India, 1918, Pt. II, p. 633.] 

Reformatory Schools Act, 1897. 

Reception of youthful offenders from Aim in the Reformatory School at 

Chunar. 

No. 41, dated the 13th January, 1920. —In exercise of the powers con¬ 
ferred by sub-section ( J) of section 15 of the Reformatory Schools Act, 
1897 (VUI of 1897), os applied to the District of Abu, the Governor 
General in Council is pleased to direct that the Reformatory School 
at Chunar in the Mirzapur District of the United Provinces of Agra 
and Oudh shall be available for the reception of youthful offenders 
directed to be sent to any Reformatory School by the District' Magistrate 
of Abn. 

[Gazette of India, 1920, Pt. I, p. 7 1 ?.] 

1 See new Notification No. 264-1., dated the Mfii April, 1926.' Printed supra, 

n 



190 The District of Abu.— (VIII.—Orders under Acts locally applied.) 


Indian Stamp Act, 1899. 

District Magistrate of Abu to be Collector. 

No. 5525, dated the 1st October, 1917. —In supersession of Notifica¬ 
tion No. 1296—1811, dated the 14th May, 1907, the Honourable the 
Agent to the Governor General in Rajputana is pleased to notify under 
section 2, clause (9), sub-clause (6) oE the Indian Stamp Act, II of 1899, 
as applied to the District of Abu that the term “ Collector ” includes- 
the District Magistrate of Abu, who is hereby appointed to be Collector 
in this behalf within the said District. 

IGazette of India, 1917, Pt. II, p. 2162.] 

Deduction and Remission of duties. 

No. 165-1., dated the 27th March, 1929. —In exercise of the powers 
conferred by clause (a) of section 9 of the Indian Stamp Act, 1899 (II 
of 1899), as applied to the District of Abu, and in supersession of the- 
notification of the Government of India in the Foreign Department, 
No. 910-1. B., dated the 13th May, 1910, the Governor General in 
Council is pleased to reduce to the extent set forth in each case the 
duties chargeable under the said Act as so applied in respect of the 
instrurhents hereinafter described in clauses 23 and 81 and to remit the 
duties so chargeable in respect of instruments of the other classes here¬ 
inafter described: 


A.—Land Revenue. 

1. Lease or counterpart' thereof executed at the time of settlement 
made directly by the Government with the existing occupant of land, 
whether a zamindar or tenant, and whether self-cultivating or not: 

Provided that no fine or premium is paid in consideration of the 
lease. 


B. — Forest Department. 

2. Agreement and security bond required to be executed, under the 
rule, to regulate the training and appointments in the Subordinate 
Forest Services by a student and his surety previous to his entry into- 
the Imperial Forest School, Dehra Dun, or the Burma Forest School^ 
Tharrawaddy, or the Madras Forest College, Coimbatore. 

C. —Medical Department. 

8. Security bond taken under the authority of Government , from at 
medical student of the Apothecary, Assistant Surgeon, or Hospital 
Assistant class, and his surety, or from the surety of such a student. 


Tins DiSTitiCT oi’ Abu.— ( VI11-—Orders under Acts locally applied.) 191 


1).—Post Office and Telisgbaph Dkpab.tm.ent. 

4. Letter which, a person depositing money in a Post Office Savings 
Bank as security to the Government or a local authority for the due 
execution of an office or for the fulfilment of a contract or for any other 
purpose is required to address to the Postmaster in charge of the Post 
Office Savings Bank agreeing to special conditions with respect to the 
application and withdrawal of the money deposited and the payment 
of interest accruing duo thereon. 

5. Receipt given by, or on behalf of, a depositor in a Post Office 
Savings Bank for a sum of money withdrawn from any such Bank, 

6. Receipt endorsed by the payee on a Postal Money Older. 

7. lieeeipt given by the addressee for a deposit exceeding twenty 
rupees made for the payment of a reply to a telegraphic message. 

E.—Railways an'ij Inland Ktkameu Companies. 

8. Agreement made with a Railway Company or Administration or 
an Inland Steamer Company for the conveyance of goods. 

9. Agreement or indemnity bond given to a Railway authority or 
an Inland Steamer Company by a passenger permitted to travel without 
payment of fare, indemnifying such authority or Company from any 
claim for damages in case of accident or injury. 

10. Agreement or indemnity bond given to a Railway authority or 
an Inland Steamer Company by a consignee (when the Railway receipt 
or bill of lading is not. produced) in respect of the delivery of articles 
carried at half parcel rates or at goods rates, namely fresh fish, fruits, 
vegetables, baser baskets, bread, meat, ioe, and other perishable articles. 

11. Agreement made with a Railway Company or Administration 
which purports to limit the responsibility of the Company or Adminis¬ 
tration as declared hy sub-section (1) of section 72 of the Indian Rail¬ 
ways Act, 1890 (IX of 1890), and is in a form approved by the Governor 
General in Council under sub-section (2) of that section. 

12. Receipt or HU of lading issued hy a Railway Company or 
Administration or an Inland Steamer Company for the fare for 
the conveyance of passengers, or goods or both, or animals, or 
given to such Company or Administration or Inland Steamer Company 
•for the refund of an overcharge made in respect of such fare. 

18 . Receipt given by, or on bebalf of, a depositor in State Railway 
Provident Institution or in tbe East Indian Railway Savings Bank for 
a sum of money withdrawn from any such institution, or Bank; 

14. Debenture bond of the loan of Re. 20,00,000, raised by the Gov¬ 
ernment of His Highness the Maharaja of Mysore for tbe construction of 



192 The District of Abu. —( VIII , —Orders under Acts locally applied*) 


a line of railway from Bangalore to Tiptoor where the said bond is 
negotiated in the District of Abu. 


IP. —Government Officers and Contractors. 

15. Agreement paper passed by a contractor of the Supply and 
Transport Corps where his security deposit is transferred to a Post Office 
Savings Bank. 

16. Instrument in the nature of a Memorandum or agreement fur¬ 
nished to or made or entered into, with a Supply and Transport Officer 
by a contractor. 

17. Agreement or declaration by which a tender made to a Supply 
and Transport Officer is accepted as’ a contract, where the deposit of 
the contractor as security for his contract is made in Government of 
India Promissory Notes or in cash. ! 

18. Instrument in the nature of a Memorandum, agreement or secu¬ 
rity bond furnished to or made or entered into with the Ordnance 
Department, the Army Clothing Department, the Forest Department, 
the Military Farms Department, the Indian Stores Department, the 
Public Works or State Railway Department by a contractor for the due 
performance of his contracts. 

19. Agreement executed on Manual form No. 36 (Agreement by 
Zamindars allowed to build wells, etc., on Government land) or on 
Manual form No. 37 (Agreement for the erection of buildings, etc., on 
Government land). 

20. Instrument furnished to or made or entered into with any of 
the Departments mentioned in item 18 by a contractor under which the 
due performance of any contract is secured by the deposit of money or 
of Government or other securities; and (except in Buima and Assam) an 
instrument under which materials belonging to a contractor are mort¬ 
gaged as security for an advance made to him by any such Department. 

21. Mortgage deed executed by an officer of Government in Civil ot 
Military employ for securing the repayment of an advance received 
by him from Government for the purpose of constructing, purchasing 
or repairing a dwelling house for his own use. 

22. Instrument of reconveyance of mortgaged property executed by 

Government in favour of an officer in Civil or Military employ on 
the repayment of an advance received by him from the Government 
for the purpose of constructing or purchasing a dwelling house for his 
own use. ■ 

23. Agreement which has been or may he entered into in compliance 
.with the rules prescribed by the Resolution of the Government of India 
in the FinanceDepartment (Sfilitary* Finance), No. 2195-Accts., dated 



The District of Abu, — {VIII,—Orders under Acts locally applied,) 193 


the 25th October, 1907, regulating the deposits of regimental funds 
with private banks or firms or such other rules for that purpose as may 
hereafter be in force* Duty reduced to the amount payable in respect 
of a bond for like amount or value or to Rs. 5, whichever shall be less. 


G.— Other Documents. 

24. Bill of exchange drawn in Mysore, on which the full rate of 
stamp duty has been paid there where the same is negotiated in the 
District of Abu. 

25. Cheque drawn in Mysore on which the full rate of stamp duty 
has been paid there where the same is negotiated in the District of Abu. 

26. Receipt given for payment of interest on Government of India 
Promissory Notes. 

27. Letter of authority or power-of-attomey executed for the sole 
purpose of authorising one or more of the joint-holders of a Government 
security to give on behalf of the other or others of them or any one 
or more of them, a discharge for interest payable on such security or 
on any renewed security issued in lieu thereof* 

28. Sauad of Jagir or other instrument conveying land granted to 
an individual by the Government otherwise than for a pecuniary con-, 
sideration. ' 

29. Instrument of exchange executed by a private person where land 
is given by him for public purposes in exchange for other land granted 
to him by the Government. 

30. Transfer by endorsement of a mortgage of rates and taxes autho¬ 
rised by any Act for the time being in force in the District of Abu. 

31. Instrument evidencing an agreement relating to the hypotheca¬ 
tion of moveable property where such hypothecation has been made by 
way of security for the repayment of money advanced or to be advanced 
by way of loan, or of an existing or future debt. Duty reduced to the 
amount chargeable on a HU of exchange under Article No, 13 (6) of 
Schedule I of the Stamp Aot, 1899, for the amount secured, if such 
loan or debt is repayable on demand or more than three months from 
the date of the instrument; and to half that amount, if such loan or 
debt is repayable not more than three months from the date of ihb 
instrument. 

32. Instrument executed in any area mentioned in the schedule 
hereto attached in respect' of which the stamp 4ut^ with which it is 
chargeable under the stamp law for the time being in force in such 
area has been paid in accordance with the said law. 




194 The District oe Abu. — {VIII. — Orders under Acts locally applied.) 


SCHEDULE, 

Areas. 

1. British India. 

2. Agency territories in Baluchistan. 

3. The Cantonments of Mhow, Neemuch, NTowgong (including the 
Civil Lines), and Sehore in the Central India Agency and of Baroda. 

4. The Indore Residency Bazars. 

5. Railway lands within the limits of the Central India and Raj- 
putana Agencies over which the Governor General in Council exercises 
jurisdiction. 1 

6. The areas in the Hyderabad State in which the Governor General 
in Council exercises jurisdiction through the Resident at Hyderabad, 

7. Berar. 

,8. The Civil and Military Station of Bangalore. 

9. Railway lands in the Mysore State over which the Governor 
General in Council exercises jurisdiction. 

10. Railway lands in the Baroda State and in States in the Bombay 
Presidency and the Western In.dia States Agency over which jurisdic¬ 
tion has been ceded to the British Government and to which the pro¬ 
visions of the Indian Stamp Act, 1899, have been applied, 

11. Railway lands in Jammu and Kashmir and in States in the 
Punjab over which the Governor General in Council exercises juris¬ 
diction. 

[Gazette of India , 1929, Pt. I, p. 388.] 


Abu Stamp Rules , 1929. 

No. J64-L, dated the 27th March , 1929. —In exercise of the powers 
conferred by the Indian Stamp Act, 1899 (II of 1899), as applied to 
the District of Abu, and in supersession of the notification of the Gov¬ 
ernment of India in the Foreign Department, No. 623-1. A., dated the 
15th February, 1907, and of all notifications amending the same, the 
Governor General in Council is pleased to make the following rules, 
namely;— 

’CHAPTER I. 

Preliminary. 

1. Short title. —These rules may be called the Abu Stamp Rules, 

1938 . 



The District op Abtj. — ( V2II . — i Orders under AcU locally applied.) 195 


2. Definitions .—In these rules— 

(a) “ The Act 99 means the Indian Stamp Act, 1899 (II of 1899), 

as applied to the District of Abn. 

(b) “ Section ” means a section of the Act. 

(c) “ Schedule 99 means a schedule of the Act. 

(d) 11 Superintendent of Stamps 99 means the Superintendent of 

Stamps, Bombay, and any other officer appointed by the 
Local Government to perform the functions of a Superin¬ 
tendent of Stamps. 

3. Description of Stamps .—(Z) Except as otherwise provided by the 
Act or by these rules,— 

(/) all duties with which any instrument is chargeable shall be 
paid, and such payment shall be indicated on such instru¬ 
ment, by means of stamps issued by Government for the 
purposes of the Act, and 

(ii) a stamp which by any word or words on the face of it is' 
appropriated to any particular kind of instrument shall not 
be used for an instrument of any other kind. 

(2) There shall be two kinds of stamps for indicating the payment 
of duty with which instruments are chargeable, namely:— 

(a) impressed stamps, and 

(b) adhesive stumps. , 

OITAPTKE TI. 

Of Tmpukssko Stamps. 

4. liundis,— (J) ITundis, other than huuclis which may be stamped 
with an adhesive stamp under section 11, shall be written on paper as 
follows, namely;— ' 

(a) A hundi payable otherwise than on demand, hut not at more 

than one year after date or sight, and for an amount not 
exceeding rupees thirty thousand in value* shall be written 
on paper on which a stamp of the proper value bearing the 
word e hundi 9 has been engraved or embossed. 

(b) A hundi for an amount exceeding rupees thirty thousand in 

value, or payable at more than one year after date or sight, 
shall be written on paper supplied for sale by the Govern¬ 
ment, to which a label has been affixed by the Superintend¬ 
ent of Stamps, and impressed by such officer in the manner 
prescribed by rule 11. 

(2) Every sheet of paper On which a hundi is written shill be not 
less than 8$ inches long and 5$ inches wide aftl no plain paper shall 
be joined thereto. 



196 The District op Abtt.— (Vlll.—Orders under Acts locally applied.) 


(3) The provisions of sub-section (1) of rule 7 shall apply in the case 
of hundis. 

5. Promissory notes and bills-of-exchange. —A promissory note or 
bill-of-exchange shall, except as provided by section 11 or by rules 13 
and 16, be written on paper on which a stamp of the proper value, with 
or without the word ‘ hundi \ has been engraved or embossed. 

6. Other instruments .—Every other instrument chargeable with duty 
shall, except as provided by section 11 or by rules 10, 12 and 13, be 
written on paper on which a stamp of the proper value, not bearing 
the word * hundi *, has been engraved or embossed. 

7. Provision where single sheet of paper is insufficient .—(7) Where 
two or more sheets of paper on which stamps are engraved or embossed 
are used to make up the amount of duty chargeable in respect of any 
instrument, a portion of such instrument shall be written on each 
sheet so used. 

(2) Where a single sheet of paper, not being paper bearing an im¬ 
pressed hundi-stamp, is insufficient to admit of the entire instrument 
being written on the side of the paper which bears the stamp, so much 
plain paper may be sub-joined thereto as may be necessary for the com¬ 
plete writing of such instrument: 

Provided that in every such case a substantial part of the instrument 
shall be written on the sheet which bears the stamp before any part is 
written on the plain paper subjoined. 

8. One anna and two annas impressed stamps .—The duty on any 
instrument which is chargeable with a duty of one anna under the Act 
or of two annas under articles 5, 19, 36, 37, 43, 49 and 52 of Schedule I, 
may be denoted by a coloured impression marked on a skeleton form 
of such instrument by the Superintendent of Stamps. 

9. * The proper officer.* —The Superintendent of Stamps is empowered 
to Affix and impress or perforate labels, and shall be * the proper officer 9 
for the purposes p£ the Act and of these rules. 

10. Affimng and impressing of labels by proper officer permissible in 
certain cases .—Labels may be affixed and impressed or perforated by 
the proper officer in the case of any of the following instruments, 
namely: — 

(i) those specified in Appendix I, and the counterparts thereof 
other than instruments on which the duty is less than two 
annas; and , ' 

(u) those specified in Appendix II, when written in any Euro¬ 
pean language, and accompanied, if the language is not 
English, by a translation in English; 



The District op Abu.— (VIII,—Orders under Acts locally applied.) 197 


Provided that the Local Government may direct that this rule shall 
apply, subject to any conditions which it may prescribe, to agreements 
or memoranda of agreements such as are specified in Appendix II, when 
written in any oriental language. ' 

11. Mode of affixing and impressing labels .—(I) The proper officer 
shall, upon any instrument specified in rule 10 being brought to him 
before it is executed, and upon application being made to him, affix 
thereto a label or labels of such value as the applicant may require 
and pay for, and impress or perforate such label or labels by means of a 
stamping-machine, and also stamp or write on the face of the label' or 
labels the date of impressing or perforating the same. 

(2) On affixing any label or labels under this rule, the proper officer 
shall, where the duty amounts to rupees five or upwards, write on the 
face of the label or labels his initials, and where the duty amounts 
to rupees twenty or upwards, shall also attach his usual signature to 
the instrument immediately under the label or labels. 

12. Certain instruments to he stamped with impressed labels .—(1) 
Instruments executed out of British India and requiring to be stamped 
after their receipt in British India (other than instruments which, under 
section 11 or rule 13, may be stamped with adhesive stamp) shall be 
stamped with impressed labels. 

(2) Where any such instrument as aforesaid is taken to the Collector 
under section 18, sub-section (2), the Collector shall send the instru¬ 
ment to the proper officer, remitting the amount of duty paid in respect 
thereof; and the proper officer shall stamp the instrument in the manner 
prescribed by rule 11, and return it to the Collector for delivery to the 
person by whom it was produced. 

CHAPTER III. 

Or Adhesive Stamps. 

13. Use of adhesive stamps on certain instruments. —The following 
instruments may be stamped with adhesive stamps namely: — 

(а) Bills-of-exchange payable otherwise than on demand and 

drawn in sets, when the amount of duty does not exceed 

one anna for each part of the set. 

(б) Transfers of debentures of public companies apd association*. 

(c) Copies of maps and plans and printed copies when chargeable 

with duty under Article 24 of Schedule I. 

(d) Instruments chargeable with duty under Articles 6 (a) and (5) 

and 43 of Schedule I. 

(e) Instruments chargeable with stamp duty under Article 47 of 

Schedule I. 


198 The Disjuuct o * 1 Abu. — (VIII.—Orders under Acts locally apphed.) 


(/) Instruments chargeable with stamp duty under Articles 19, 
36, 37, 49 (a) (n) and (m) and 52 of Schedule I, 

13A. Notwithstanding anything contained in these rules whenever 
the stamp duty payable under the Act m respect of any instrument cannot 
be paid exactly by reason of the fact that the necessary stamps are 
not in circulation, the amount by which the payment of duty shall on 
that account be in defect shall be made up by the affixing of one-anna 
and half-anna adhesive stamps such as are described in rule 15, pro¬ 
vided that a Local Government' may direct that instead of such stamps 
adhesive court-fee stamps shall be used for the purpose. 

14. Supply of deficient duty on transfer of share. —When any instru¬ 
ment of transfer of shares in a Company or Association is written on a 
sheet of paper on which a stamp of the proper value is engraved or 
embossed, and the value of the stamp so engraved or embos¬ 
sed is subsequently, in consequence of a rise in the value of such 
shares, found to fall short of the amount of duty chargeable under article 
62 (a) of Schedule I, one or more adhesive stamps bearing the words 
* Share Transfer 9 may be used to make up the amount required. 

15. Adhesive stamp or stamps denoting duty of one anna or half an 
anna. —Except as otherwise provided by these rules, the adhesive stamps 
used to denote duty shall be the requisite number of stamps bearing the 
words ‘ Four annas ’ or ‘ Two annas ' or ‘ One anna ’ or * Half-anna * 
and such stamps may be inscribed for use either for postage or for 
revenue, or for both postage and revenue. 

16. Special adhesive stamps to he used in certain cases .—The follow¬ 
ing instruments when stamped with adhesive stamps shall be stamped 
with the following descriptions of such stamps, namely:— 

(a) Bills-of-exchange, cheques and promissory notes drawn or 

made out of British India and chargeable with a duty of 
more than one anna: with stamps bearing the words 
4 Foreign Bill \ 

(b) Separate instruments of transfer of shares and transfers of 

debentures of Public Companies and Associations: with 
stamps bearing the words * Share Transfer \ 

(o) Notarial acts: with foreign bill stamps bearing the word 
< Notarial \ 

(d) Copies of maps or plans and printed copies certified to be true 
copies: with court-fee stamps. 

{ e) Instruments chargeable with stamp duty under Articles 6 (a) 
and (b) or 43 of Schedule I: with stamps bearing the 
words * Agreement 9 or * Brokers’ Note ’ respectively. 

(J) Instruments chargeable with stamp iuff under Article 47 of 
Schedule I: with stamps bearing the word u Insurance 



The Disteict of Abu.— (VIII . —Orders under Acts locally applied*) 199 


OHAPTElt IV. 

Miscellaneous . 

17. Provision for cases in which improper description of stamp is used . 
—When an instrument bears a stamp of proper amount, but of improper 
description, the Collector may, oil payment of the duty with which the 
instrument i v s chargeable, certify by endorsement that it‘ is duly 
stamped: ! 

Provided that, if application is made within three months of the 
execution of the instrument, and the Collector is satisfied that the impro¬ 
per description of stamp was used sohsly on account of the difficulty or 
inconvenience of procuring one of tlic proper description, he may remit 
the further payment of duty pi escribed in this rule. 

18. Evidence as to circumstances of claim to refund or renewal *—The 
^Collector may require any person claiming a refund or renewal under 
Chapter Y of the Act, or his duly authorised Agent, to make an oral 
♦deposition on oath or affirmation, or to file an affidavit, setting forth the 
circumstances under which the claim has arisen, and may also, if he 
thinks fit, call for the evidence of witnesses in support of the statement’ 
set forth in any such deposition or affidavit. 

19. Payment of allowances in respect of spoiled or misused stamps or 
on the renewal of dehen turns .—When an application is made for the 
payment, under Chapter V of the Act, of an allowance in respect of a 
stamp which has been spoiled or misused or for which the applicant 
has had no immediate use or on the renewal of a debenture, and an order 
is passed by the Collector sanctioning the allowance or calling for 
further evidence in support of the application, then, if the 
amount of the allowance or the stamp given in lieu thereof is not 
taken, or if the further evidence required is not furnished, as the case 
may be, by the applicant within one year of the date of such order, the 
application shall be struck off, and the spoiled or misused stamp (if any) 
sent to the Superintendent of Stumps or other officer appointed in this 
behalf by the Local Government for destruction. 

20. Mode of cancelling original debenture on refund under section 
$5 .—When the Collector makes a refund under section t>6, he shall 
cancel the original debenture by writing on or across it the word * Can¬ 
celled ’ and bis usual signature with the date thereof, 

21. Rewards .— On the conviction of any offender under the Act, the 
Collector may grant to any person who appears to him to have contri¬ 
buted thereto a reward not exceeding such sum as ilie Xtooal Govern¬ 
ment may 9x in this behalf* 


JQQ X’he District of Abu.— (VIII.—Orders under Acts locally applied.) 


APPENDIX I. 

List of Instruments ieferred to %n Rule 10 ( i ). 

No. of 
Article m 
Schedule I* 


1. Administration-bond. 2 

2. Affidavits. 4 

3. Appointments made m execution of a power . . 7 

4. Articles of Association of a Company .... 10 

5. Articles of clerkship.11 

6. Bills-of-lading.14 

7. Charter parties.20» 

8. Declarations of trust.64A. 

9. Instruments evidencing an agreement relating to (1) the 

deposit of title deeds or instruments constituting or 
being evidence of the title to any property whatever 
(other than a marketable security) or (2) the pawn 
or pledge or hypothecation of moveable property . 6 

10. Leases partly piinted or lithographed in an Oriental 

language, when the written matter does not exceed 
one-fourtn of the printed matter .... 35 

11. Memoranda of Association of Companies ... 39 

12. Mortgages of crops.41 

13. Notes of protest by Masters of Ships .... 44 

14. "Revocations of trust . ... 64B 

15. Share-warrants issued by a Company in accordance with 

section 43 of the Indian Companies Act, 1913 (VII * 
of 1913).59 

16. Warrants for goods.65 

17. Note or memorandum when the duty payable exceeds 

two annas.43B. 


APPENDIX II. 

List of Instruments referred to in Rule 10 (ii). 

No. of 
Article in' 
Schedule I. 

1. Agreements or memoranda of agreements which, in the 
opinion of the proper officer, cannot conveniently 
be written on sheets of paper on which the stamps 


are engraved or embossed. 5 

% Instruments engrossed on parchment and written in 
the English style which, in the opinion of such 
officer, cannot conveniently be written on sheets of 
paper on which stamps are engraved or embossed . 

3. Awards.. 12 

4. Bills-of-exchange payable otherwise than on demand 

and drawn in British India.18 (b) & 

<*). 

6. Bonds. 15, 16, 26,84^ 

5p & 67. 

6. Certificates of sale . . . . » * 18 

7. Composition-deeds * * 22 













The Distrtct oe Abtt.— (VIII.—Orders under Acts locally applied.) 201 


No. of 
Article in 
Schedule I. 


8. Conveyances ......... 

0. Instruments imposing a further charge on mortgaged 
property. 

10. Instruments of apprenticeship. 

11. Instruments of co-partnership. 

12. Instruments of dissolution of partnership . 

13 Instruments of exchange ... . 

14. Instruments of gifts. 

15. Instruments of partition. 

16 Ia .. 

17. Letters of license. 

18. -Mortgage-deeds. 

19. Powors-of-attorney . 

20. Reconveyances of moitgnged property . 

21. Releases. 

22. Settk monfcs. 

23. Transfers of the description mentioned in Article 62, 

clauses (o), { d ) and (e) of Schedule I 

[Gazette of India, 3929, 3't, I, p. 885,] 


23 

82 

9 

46A. 

46B. 

31 

33 

45 

35 

38 

40 

48 

54 

55 
58 

62 (r), 0 d ) 

(e>. 


Rules far the custody , supply and, sale of stamps and stamped papers . 

. No. 5523 , dated the 1st October, 1017 .—In supersession of Notifica¬ 
tion No. 2395-18-11, dated (>th August, 1907, us further amended by 
Notification No. 380-1271, dated 24th January, 3913, the following 
rules framed on tins basis of those prescribed in the Resolution of the 
Government of India in the Finance Department, No. 3715-15x0., dated 
30th June 1905 for the custody, supply and sale of stamps and stamped 
papers in the District of Abu are published for general information. 


Central DkcSt. 

1. Stamps for the aforesaid areas shall be supplied from the Central 
Depftt at Bombay oh the indent of the officer in charge of the local 
Idepfit at Ahu . 1 

2. The Superintendent of Stamps at Bombay, on receiving an indent 
from the local dep 8 t, shall have it examined to ascertain that it 19 
such as to ensure the local dopfit having a proper supply and may comply 
with the indent in full or in part, as he thinks fit. If he thinks that 
the indent should he increased, he should request the office# who sub¬ 
mitted the indent to submit a supplementary indent. 


IjOcal Bep6t. 

3. There shall be a local dapdt at Abu ,for the custody and sale of 
stamps, 1 















202 The District of Abu. —(F777 .—Oiders under Acts locally applied .) 


4. The local depot shall* unless the Honourable the Agent to the 
Governor General in Rajputana otherwise directs, maintain a supply 
of stamps not less than the probable consumption of 10 months. 

5. As soon as the number of stamps in the local dep&t falls below 
the number issued from the dep6t in the preceding 12 months, the officer* 
in charge of the 'depdt shall prepare an indent for a supply equal to 
the probable consumption of six months. The indent shall show in 
separate columns for each denomination of stamp, of which a supply 
is required, the total of the balance in the local dep6t, the quantity 
sold in the preceding 12 months, and the quantity indented for, which 
should be approximately one-half of the quantity sold in the preceding 
six months. This indent will be forwarded direct to the Superintendent 
of Stamps, Bombay. 

6 . If the supply of stamps in the local dep6t should run short before 
the receipt of the supply from the Central Dep6t the officer in charge of 
the local depot should indent for a supply from a neighbouring 
depSt, sending a copy of the indent to the Superintendent or Commis¬ 
sioner of Stamps of the province or such other officer as the Local 
Government may direct. 

7. As soon as possible after the arrival of a supply of stamps from 
a central depdt or from another local depdt, the officer in charge of the 
local depdt shall personally examine the outward appearance of the 
boxes or packets and satisfy himself that they bear no marks of having 
been tampered with. He shall then have the boxes or packets opened 
in his presence and the contents of each box or packet counted either* 
by himself or in his presence, immediately on its being opened* In 
no case must a second box or packet’ be opened until the contents of 
the first have been completely examined and verified and placed in 
the proper receptacles as required by rule. The number and value of 
stamps received shall be compared by the officer in charge with the 
invoice submitted or with the passed indent and a receipt shall be sent 
not later than seven days after the arrival of the stamps to the officer 
who sent the Stamps. 

8 . The officer in charge shall personally count with his own hands* 
all stamps not received in sealed packets of the value of Rs. 26 and 
upwards. Stamps below the value of Rs. 25 which are not received in 
sealed packets with unbroken seals may be counted either by 
the officer in charge or in his presence. In the case of stamps’ 
received in sealed packets marked as containing a certain 
number of stamps, one packet in 10 of each denomination shall 
be opened and counted at the time of receipt by the officer in charge 
or in his immediate presence. If all those counted be found correct, 
the remainder may be left, with seals unbroken, to be counted When 



The District op Abu. —( VIII.—Orders under Acts locally applied.) 203 


given out from custody, under double lock. The officer in charge is 
responsible for observing any such instructions and for satisfying himself 
as to the number of stamps received before signing the receipt. The 
inside wrappers of packets of stamps which bear the initials of the 
officers through whose hands the packets passed before issue from England 
should invariably be preserved till the whole contents of the packets 
have been examined and found correct. 

9. If any of the stamps received are found to be unfit for issue, 
they should be at once returned to the Superintendent of Stamps, 
Bombay. Stamps which are through any accident rendered unfit foi 
issue at any time after receipt should be similarly returned to the Sup¬ 
erintendent of Stamps, Bombay, as soon as their unfitness is discovered. 
The necessary entries on account of stamps so returned should be 
made in the monthly statement (Rule 17) and in the plus and the minus 
memoranda (Rule 18). 

10. Immediately after the stamps received have been counted, they 
shall be placed in proper receptacles in the store under double lock 
in the presence of the officer in charge arranged in parcels and packets 
containing known quantities, the amount and value of each denomina¬ 
tion being entered at the same time in a register maintained to show 
the receipts and issues to and from the store under double lock. These 
entries shall bo checked by the officer in charge at the time the stamps 
are deposited, and the correctness of the arithmetical calculations of 
additions to balance, as well as for the values compared with quantities,* 
shall be verified and initialled by him at the time. The register shall 
then be placed with the stamps in the double lock receptacles and 
shall not bo removed therefrom, nor shall any entries be allowed to 
be made therein except in the presence of the officer in charge, 

11. The registers of receipts and issues of stamps from the store 
under double lock shall be in the form prescribed by the Punjab Gov< 
ernmont. They shall bo kept in bound books as follows;-— 

(1) Non-Judicial stamps. 

(2) Foreign Bill stamps. 

(8) Hundi stamps. 

(4) Bhare transfer stamps.! 




204 The District op Abu. —(' Vlll .— Orders under Acts locally applied .) 


The entries in these books should be made either by the officer in 
charge of thei local dep 6 t himself or by such other official as the officer in 
charge may direct at the time of putting in or taking out stamps, 
but in the latter event the entries must be personally checked off by 
the officer in charge as the stamps are put in or taken out. Every 
entry of receipt should correspond with the invoice and should show 
from whence the stamps were received and every entry of issue should 
be vouched for by a passed ex-officio vendor’s indent. A balance should 
be struck after each entry at the time of receipt or issue and attested 
by the signature or initials of the officer in charge who shall invariably 
be present during the whole time that the store under double locks or 
any part of it remains open. 

12. The Tahsildar, Abu, or such other officer as the Honourable the 
Agent to the Governor General, Hajputana, may direct, shall be the ex- 
officio vendor of stamps in the local depbt. Sales to the public or to 
licensed vendors shall not be made direct from the stores under double 
lock, such sales being made by the ex-officio vendor from the supply 
entrusted to him for this purpose, to be kept by him under single lock, 
as prescribed in the following rules. 

13. The stock to be made over to the ex-officio vendor to be kept 
by him under single lock should ordinarily be sufficient for the pro¬ 
bable demand of one month. The ex-officio vendor will maintain a 
register of receipts and issues from single lock in the same form as the 
double lock register, and on a fixed date near the beginning of each 
month he will prepare an indent for the quantity for the month in 
a form showing the balances in his hands, an average month’s con¬ 
sumption and the quantity required. When this indent is presented to 
the officer in charge, he will examine the single lock register, check 
the correctness of the arithmetical calculations made therein and com¬ 
pare the balance shown with the actual balance in the ex-officio vendor’s 
hands. If he approves the Indent, he shall then give out the quantity 
required from the store under double lock, check the correctness of the 
'entries made in the double lock register, see that they correspond with 
those made in the single lock register, initial both registers and return 
the double lock register into the double lock store. When it is necessary 
to issue stamps from the store under double lock more than once in one 
day, the above checks need only be applied at each time of issue to the 
particular descriptions of stamps issued. But at the end of each day 
the officer in charge should verify the whole balance of stamps in ex- 
officio vendor’s hands and check his registers. The same procedure shall 
be followed if any stamps should be required at any intermediate date. 

14 . Erom the stock so made over to his charge and kept by him 
■under single lock, the ex-officio Vendor shall sell stamps to the public 


The District oe Anu.— (F/Z7, — Orders under Acts locally applied .) 2o5 


and to licensed vendors for cash. He sliall maintain the single lock 
register in the form mentioned in the preceding paragraph in English, 
or in Urdu or Hindi if he is not sufficiently acquainted with English, 
entering therein both m quantities and values the receipts from 
double lock, the daily sales and balance in his hands of each denomina¬ 
tion at the end of each day. He shall pay monthly to the officer in- 
charge of the local dep6t the cash received by him for stamps sold- The- 
ex-officio vendor’s register shall be balanced daily and the balance 
shall be attested by the initials of the officer in charge. Before signing 
this register the officer in charge shall see that all issues from the store 
under double locks have been brought to credit, and that the values 
of stamps written, oil' as sold have been credited in the cash accounts. 
At the close of the last working day of each month, an abstract show¬ 
ing briefly the transactions of the month and containing (1) opening % 
balance, (2) receipts during month, (3) sales during month and (4) clos¬ 
ing balance, should be entered in tire register after the last entry. The 
officer in charge shall verify the entries and certify that he has per¬ 
sonally examined and counted the stamps of all descriptions in store, 
and that the transactions during the month have been correctly recorded. 

16- On the last open day of September and March each year, the 
officer in charge of the local dep&t will count, or have counted in his- 
presence, the stamps in his depftt, both those under double lock and those 
under single lock and will record certificate in the following form:— 

I do hereby certify that I have personally examined and counted, or 
had counted in my presence, the stamps of all descriptions in store 

in his local depot on the 19 , and found by actual calcula¬ 

tion of numbers and values, not less than 10 per cent, of the entries 
having been checked by me personally, that the value of each descrip¬ 
tion is as stated in the margin and the amounts agree with the balances 
shown in the llegister for the period ending . (If there is any 

imarai R difference, add u with the exception of the following differences 99 
ssrr~ , . . . tlia explanation of which is as follows.) 

10. The officer in charge of the local depdt shall forward to the 
local Accountant-General or Comptroller such returns of the receipts 
and sales of stamps as the Comptroller General may direct, in the form, 
of plus and minus memoranda or otherwise. 

[Gazette of India, 1917, Pt. II, p. 2169.] 


Rules for the tale of stamps, licenses and remuneration of vendors, etc. 

No. 6821, dated the 1st October, 1911 .—In supersession of Notifica¬ 
tion No. 2905-18-11, dated 10th September, 1907, ns amended by Noti¬ 
fication No. 8774271, dated 24th January 1918, and in exercise of 



206 The District of Abu. —( [VIII.—Orders under Acts locally applied.) 


the powers conferred by section 74 of the Indian Stamp Act, 1899 (II 
of 1899), as applied to the District of Abn, the Agent to the Governor 
General, Bajputana, is pleased to make the following rules regarding: — 

(а) the supply and sale of stamps and stamped paper; 

(б) the persons by whom alone such sale is to be conducted; and 
(c) the duties and remuneration of such persons. 

These rules shall take effect on and from the 1st day of October, 1917. 


Interpretation. 

1 . In these rules unless a different intention appears from the 
subject or context:— 1 

(a) The expression “ ex-officio vendor 99 means the Tahsildar of 

Abu, or any other officer appointed in this behalf flby the 
Agent to the Governor General at a local depot established 
under clause (c) of this rule. y 

( b ) The expression <c licensed vendor ” means every person who 

for the time being holds a license granted under these 
rules to sell stamps and also an “ ex-officio vendor 
(o) The expression cc Local Depot 19 means the District Magis¬ 
trate’s Office at Abu or any other place which the Hon’ble 
the Agent to the Governor General declares to be a local 
depot. 


Licenses for vend of Stamps. 

2. Subject to the provisions of these rules the Collector or other officer 
empowered by the ITon’ble the Agent to the Governor General in Baj¬ 
putana in this behalf may grant to any person a license for the sale of 
stamps of any value or description named in the license at any place 
or in any area within the limits of his jurisdiction. 

Provided that no license shall be granted to a person employed in 
any department of the public service under these rules without the 
previous consent of the head of such department. 

3 . The license shall be in the form annexed to the rules. It shall 

specify the person licensed, the kind and the value of the stamps he 
is licensed to sell and the place at, or area within, which he is licensed 
to sell. 1 1 

The license so granted shall be renewed every year. 

4 . The Oollector shall cause a register of licenses granted under these 
rules to be maintained, and it shall contain the following particulars:— 

(a) Date of granting the license. • 

(b) Serial number for the year of the license- 



This District op Abu. — {VIII.—Orders under Acts locally applied!) 207 


(c) Name and description and residence of person licensed, or 

in tlio case of a license grunted to a public servant tlie 
official designation of the office in virtue of which, the 
license may he used. 

(d) l^aee or area for which the licence is granted. 

(e) Description of stumps (kinds and value) covered by the license. 

(/) Period for winch the license is granted. 

{(/) Acknowledgment of license. 

{Ji) Remarks relating to revocation, renewal, surrender, expiry, 
etc., of license. ] 

(i) Dale of destruction of license. 

f>. K<r-<>Jficio vendors shall supply stamps to the public and to licensed 
vendors and shall allow discount to the latter at the rates and under the 
conditions hereinafter prescribed for purchases made from Government* 

(>. ( i) Any license granted under these rules may be revoked at any 
time by the Collector or by the chief controlling revenue authority. 

(it) When any license is revoked or when the term for which any 
license is granted expires, it shall be iho duty of the person to whom 
it was granted or his representative to surrender it to the Collector. 
The Collector will receive and (by enfueement) cancel every such license. 
Cancelled licenses may be destroyed when no longer likely to be required 
for any purpose., 

7* No M-ofjiaio vendor shall as such sell stamps otherwise than in 
accordance with the following directions: — 

{a) to a licensed vendor stamps of the kinds and values specified 
in the licensed vendor’s license but no stamp to exceed 
Rs. 50; * ' 

(&) to the public impressed stamps only exceeding Kb. GO each 
in value. 

8 . Licensed vendors shall obtain stamps from ex-officio vendors at' a 
local depot on payment of ready money (less the commission herein¬ 
after prescribed). 


Sam ojp Stamps nr Vendors. 

Duties of Vendors. 

J). No person other than a vendor as defined in them rules shall sail 
stamps other than "one anna" or "half anna" unified adhesive 
stumps, unless specially authorised thereto by notification of the Hon’blo 
the Agent to the Governor General, Rajputana. 

10. Every vendor shall sell stamps in accordance with these rules 
for the value expressed upon them and for no more. 



208 The District or Abu. — {VIII*—Orders under Acts locally applied*) 

11. Every vendor shall accept payment for any stamp sold by him 
in any currency which would be accepted on behalf of Government at 
a Government Treasury and the Local Depot. 

12. Mb vendor shall sell stamps of any kind the use of which has 
been discontinued or prohibited by competent authority, but any stamp 
of any kind the use of which may have been so discontinued may be 
dealt with according to the proviso to section 54, Chapter V of Act II 
of 1899 as applied to the District of Abu. 

13. Every licensed vendor may, subject to the conditions of his 
license and the requirement of these rules, purchase from an ex-officio 
vendor and sell to any persons stamps of any kind or value covered 
by his license. 1 

14. Subject to the provisions of Chapter V of the Stamp Act, 1899, 
applied as aforesaid, no licensed vendor shall obtain (by purchase, ex¬ 
change or otherwise) any stamps other than one anna or half anna 
unified adhesive stamps from any person other than an ex-officio vendor. 

15. If the duty on any document has to be denoted in the form of 
impressed sheets it shall be so denoted by the smallest number of im¬ 
pressed sheets available by which the duty required can be made up. 

16. If the amount of the stamp duty to be denoted is such that it 
can be denoted by a single impressed sheet and such impressed sheet 
is available it shall be supplied. 

17. Whenever under these rules and directions more than a single 
impressed sheet is supplied to denote the value of the stamp duty 
required, the vendor shall write upon each impressed sheet supplied 
a certificate stating that he is unable to supply a single impressed sheet 
of the required value and that the number of impressed sheets sup¬ 
plied is the smallest he can furnish to make up that value. 

18. A copy of every certificate endorsed under the preceding rule 
shall be entered in the vendor’s vend register and shall be dated and 
signed by the vendor making it. 

Provided that no such certificate shall be given by a licensed vendor 
in any case in which the stamp required exceeds in value the value of the 
sheet of highest value which such vendor is authorised to sell. 

19. Every vendor shall truly and correctly endorse in the English or 
Urdu or Hindi or Gujrati or Marwari character qn every impressed 
sheet sold by him to the public the following particulars:-— 4 

(a) the serial number for the year of the entry of sale of such im¬ 
pressed sheet in the vend register; | 

(5) the date of the sale of the stamp; 




The District qf Abu, — (Vlll.—Orders under Acts locally applied.) 209 


( 6 ’) tiie name (if a native, father’s name) and residence of the 
purchaser, if the purchaser is purchasing on behalf of an¬ 
other person, then also the name (if a native, father’s name) 
and residence of the person for whom the impressed sheet 
is purchased; and 

(d) the value of the impressed sheet sold (to be entered in words) 
and shall sign the endorsement. 

20 . No vendor shall knowingly endorse on any impressed sheet sold 
the name of any person other than the actual purchaser or the person 
on whose behalf the stamp is being purchased, or deliver any stamp 
sold to any person other than the person whose name is so endorsed 
thereon. 

21 . livery vendor shall truly and correctly enter in his vend register 
the particulars of every impressed sheet sold by him to the public at 
the time when the sale takes place. He shall also invite the purchaser 
to attest the entry by his signature or thumb impression or both and 
in the event of the purchaser refusing so to attest the entry of sale 
the vendor shall record the fact of such refusal and if the purchaser 
wishes the reasons for the refusal. 

22 . Kvery licensed vendor shall exhibit conspicuously at his place 
of vend a sign-board bearing his name and the words “ Licensed vendor 
of non-judicial stamps Ho shall also have at the same place for 
reference on application by intending purchaser a copy of these rules 
and if the Collector by general or special order so directs a copy of the 
Tndian Stamp Act. 

23. When stumps are returned into the Collector's stores on— 

(1) resignation of license 

(2) revocation of license for any fault of the licensee 

( 3 ) death of the vendor 

(4) application of the vendor for leave to restore any stamps 

the stamps shall be taken back at their full value less a deduction of 
one anna in the rupee but when they are returned on— 

(5) expiration of license 

(6) recall of stamps by Government 

(7) revocation of license for any other cause t han that mentioned 

in (2) 

tkay Shall bo taken book at the fall value less only any discount allowed 
on their sale to tbe licensed vendor except in tbe case of the ea-offioio 
vendor acting as a licensed vendor in Abu when the stamp* shall be 
taken at their full value. 




210 The District of Abu.— (777 /.—Orders under Acts locally applied.) 


Remuneration of Vendors. 

24. (i) No ex-officio vendor shall as such be entitled to any discount 
or commission on the value of any stamps supplied to him for custody 
and sale upon the sale thereof. 

(to) Licensed vendors provided they do not act as combined ex-officio 
and licensed vendors shall be entitled to discount on the value of stamps 
purchased by them from an ex-officio vendor at the rates specified in 
the following schedule: Provided that the discount shall not’ be allowed 
on the value of any stamp of a kind not specified in the said schedule nor 
on the value of any single stamp of denomination higher than Rs. 50 
nor when the total value of the stamps purchased at one time is less 
than Rs. 5. 


Rate of Discount. 


Vendors holding licenses to sell stamps . 

Rates of discount. 


Description of stamps. 


Adhesive Stamps. 


Stamps not exceeding m value" 
eight annas each 
Exceeding eight annas but not 
exceeding Rs. 5 each . 
Exceeding Rs. 5 but not exceed¬ 
ing Rs. 50 each . . J 


Foreign bill share 
transfer and 
notarial stamps. 


At places whore 
stamps arc sold by 
Government, per cent. 


4 11 0 

2 9 8 
19 0 


Others. 

Hundi stamps .... 
Impressed stamp papers 


• ] 4 11 0 


(in) Government servants holding licenses to sell stamps:— 

On all stamps which they are licensed to sell under these rules, 
per cent. 


2 


Vend Registers. ’ 

25. (i) Every vendor shall maintain the vend register hereinafter 
prescribed and suoh other registers and shall keep such accounts in 
such forms as may from time to time he prescribed by the chief con¬ 
trolling revenue authority; I 

(ii) Every vendor shall maintain a vend register in the form annexed 
to these rules and shall regularly and correctly enter therein the fol¬ 
lowing particulars:—■ 

(а) the date of sale of any impressed sheet sold; 

(б) the serial number of the entry of every such sale, a new series 

of numbers being commenced on the first' day of each suc¬ 
ceeding year;1 




Ihe District oj? Abu.— (VIII.—Orders under Acts locally applied.} 211 


(c) the value (in words) of each stamp sold and the total value of 

stamps sold in. each transaction; 

(d) the description of stamps sold; ' 

(e) the full name (if a native, father’s name), surname (if any) 

and residence of the purchaser; 

(/) the purpose for which the purchaser states that the stamp is 
purchased; 

id) c <>Py of certificate (if any) required by rule XVIII; 

(/t) signature or thumb impression of purchaser, if the purchaser 
consent to sign the entry or make the impression and if he 
does not consent, the reasons for his not consenting in case 
the purchaser states his reasons. 

(in) Blank vend registers in the prescribed form shall be supplied 
through the Collector's Cilice free of charge to vendors on application. 

(iv) Before issuing any blank vend registers to a vendor, the Col¬ 
lector shall enier, or cause to be entered at the beginning thereof, the 
following particulars: — 

(a) the full name and the residence of the vendor to whom the 

register is being issued; 

(b) the date on which the register is issued; 

(c) the number of pages the register contains. The Collector shall 

also cause the pages to be numbered consecutively in ink. 

(v) When any register lieoomea filled up the vendor shall deliver the 
same to the Collector or other officer deputed to receive the same. 


Inspection and Control. 

2(i. Every licensed vendor shall upon the demand of the Collector 
whenever required so to do deliver up all stamps in his custody or 
possession ns such vendor, and if such stamps have been paid for by 
such vendor the value thereof less any discount which may have been 
allowed at the time of the purchase thereof to such vendor shall be re¬ 
funded to him. 

20-A. The chief controlling revenue authority and the Collector of 
any other gazetted or ministerial officer who is specially authorised in 
that behalf by the said chief controlling revenue authority or the Col¬ 
lector may at any time inspect th’e stock of stamps, the registers and 
accounts of any vendor. 

Upon being so required by any such officer every vendor shall pro¬ 
duce for the purpose of inspection all stamps in bis custody or possession 
and all registers and accounts kept by him as snob vendor. 



212 The District of Abu, — {VIII. — Orders under Acts locally applied.) 


Form (of License). 

(Referred to in Rule IV.) 

License is hereby granted to (name, father’s name and residence of 
iictnsee) to sell at (place of vend) stamps of the description mentioned 
in the margin for a period of (here state duration of license) commencing 
from (date) subject to the rules made in that behalf under section 74 of the 
Indian Stamp Act, II of 1899, as applied to the Abu District. The 
infringement of any of these rules shall render the holder liable to 
cancellation of his license and the penalties prescribed in section 69 of 
the said Act, namely imprisonment for a term which may extend to six 
months or fine not exceeding five hundred rupees or both. 

This license may be revoked at any time by the Collector or by the 
Chief Controlling Revenue authority. On this license being revoked 
or when the term for which it is granted expires the person hereby 
licensed shall surrender the license at once to the Collector. 

[Gazette of India , 1917, Pt. II, p. 2156.] 

Indian Petroleum Act, 1899. 

Rules for the possession and transport of Petroleum in the District of 

Abu. 

No. 741 , dated the 23rd May , 1923.— In exercise of the powers con¬ 
ferred by section 9 of the Indian Petroleum Act, 1899 (VIII of 1899), 
and with the previous sanction of the Governor General in Council, the 
Hon’ble the Agent to the Governor General is pleased to make the follow¬ 
ing rules to regulate the possession and transport of petroleum in the 
District of Abu. 

Rules under section 9 of the Indian Petroleum Act , 1899> for the posses - 
sion and transport of Petroleum in the District of Abu. 

PART I. 

Preliminarx. 

1 . Definitions. —In these rules,— 

(a) “ Part ” means a Part of these rules; 

****** 

( c ) “ petroleum in bulk ” means petroleum in quantities exceed¬ 

ing five hundred gallons, contained in any one receptacle; 

(d ) “ installation ” means a place specially prepared for the 

storage of petroleum in bulk or for bulk combined with 
non-bulk storage, and may be either a major or a minor 
installation; 




The District op Abu. —( V21I . —Orders under Acts locally applied.) 213 


( e ) 44 major installation 99 means an installation— 

( 1 ) capable of containing an amount of oil, whether in bulk only 

or in combined bulk and non-bulk storage, exceeding 
fifty thousand gallons; or 

( 2 ) in which tm-making operations are carried on; 

(/) “ minor installation 99 means an installation— 

( 1 ) capable of containing an amount of oil, whether in bulk only 

or in combined bulk and non-bulk storage, not exceeding 
fifty thousand gallons; and 

(2) in which no tin-making operations are carried on; 

(g) storage shed M mean* a building used for the storage of 
petjoleum otherwise than in bulk, and niuv or may not form 
paid* of an installation; 

(h) “ protected works ” includes buildings in which persons dwell 

or assemble, docks, wharves, timber yards, other petroleum 
stores, and any other (dace not forming part of an installa¬ 
tion. which the Local Government may by notification 
dee I are as such ; 

****** 

(j) “ motor-vehicle 99 means any vehicle or vessel propelled by a 

motor, in which petroleum is used as fuel; and 

(k) “ owner,” as applied to a motor-vehicle, includes a person 

who hires, or is otherwise entitled for the time being to use 
or work a motor-vehicle. 

( l ) “ District Magistrate 19 includes in cases where the Local 

Government so directs c< Additional district Magistrate 99 
in respect of such areas as it may so order, 

PAUT IT 

PoftftKsaioN and to an 8 pout ov Pf/troi/eum. 

Chapter I .-^Possession of Petroleum . 

1 . Smoking prohibited *—No smoking shall .be permitted inside any 
installation or storage shod. 

2, Supervision of operations within installation or storage All 

operations within any installation or storage shed shall be conducted 
under the supervision of a responsible agent or supervisor. 

3* Cleanliness of installation. —The ground m the interior of an instal¬ 
lation shall be kept clean and free from goods of a combustile nature, 
vegetation and rubbish. 



214 The Distkict op Abtj.— (VIII.—Orders under Acts locally applied,') 


4. Supply of sand or dry earth m installation .—A supply of sand or 
dry earth shall always be kept in an installation for the purpose of ex¬ 
tinguishing fire. 

5. Marking of capacity of tanks. —The capacity in gallons of every 
tank in an installation shall be conspicuously marked on it, and shall 
be calculated at the rate of G’25 gallons per cubic foot. 

6 . Protection from lightning .—livery tank or other receptacle for the 
storage of petroleum in bulk, except a tank or receptacle which is not 
of sufficient capacity to contain ten thousand gallons of petroleum and 
which is so situated as not to be liable to cause danger in the event of 
the petroleum being ignited, shall be protected by an efficient lightning- 
conductor. 

Explanation.—A. tank or leceptacle shall be deemed to be so situated 
as not to be liable to cause danger in the event of the petroleum being 
ignited, if it is not in close proximity to any other tank or receptacle, or 
to any building not forming part of the installation, and if it is surrounded 
by a wall, or embankment, or sunk in an excavation, the enclosure thus 
formed being sufficient to contain the whole contents of the tank or 
receptacle. 

7. Testing of lightning-conductor by licensee .—Not less than once 
in every year the licensee of an installation shall test or cause to be tested 
the efficiency of the conductor in such manner as the Chief Inspector of 
Explosives may, by general or special order, declare to be sufficient, 
and a certificate showing the date of the last test shall be posted in a 
conspicuous place within the installation. 

8 . Official testing of lightning-conductor .—Any officer appointed by 
the Local Government in this behalf may enter any installation for the 
purpose of testing the efficiency of the conductor, at any time after sunrise 
and before sunset. 

9. Time for work in installations or storage sheds. —No installation 
or storage shed shall be open, and no work in any installation or storage 
shed shall be permitted, between sunset and sunrise: provided that in 
cases where electric lighting is exclusively used, night working may be 
permitted by the Local Government on the recommendation of the Chief 
Inspector of Explosives. 

10. Closure of pipes and openings .—Where there are any pipes or 
openings for draining out water in any enclosure wall, arrangements 
shall be made whereby they can be closed, and they shall only be kept 
open when actually necessary for drainage purposes. The nature of such 
arrangements shall be shown in the specifications which are required 
under rule 10 of Chapter TV of this Part, to be submitted with the 
application for a license. 

11. Material for storage sheds. — All storage sheds in an installation 
shall be built of uninflammable material. 



Tub District oj? Abu. — (VIII.—Orders under Acts locally applied.) 215 


12. Posting up of rules and conditions .—There shall be hung up in 
a conspicuous place in every installation and storage shed for which a 
license has been granted, copies in English and the vernacular, of the 
rules contained in this Chapter, and of the conditions endorsed on the 
license. 

Citattbr 11. —Transport of Petroleum. 

* * i* * « * 

1. Validity of license granted in another province .—Petroleum may 
be transported into and within the District of Abu under cover of a 
license granted by the prescribed authoiity in any other province of 
British India or in any area outside British India to which the Indian 
Petroleum Act, 1899, may be applied, provided that, the conditions of 
such license ure observed throughout the period during which the petro¬ 
leum is in transit. 

****** 


Ciiaptkr 111 .—General Provisions relating to Ucenses. 

1. Applications for licenses. - All applications for licenses for the 
possession or transport of petroleum shall be made to the District 
Magistrate. 

2. Licensing authority .—Licenses— 

(a) for the possession of noil-dangerous petroleum, not being petro¬ 
leum in bulk, 

(h) for the possession of non-dungerous petroleum in a minor 
installation, 

(o) for the possession or transport of dangerous petroleum in 
quantities not exceeding forty gallons, and 

(d) for the transport of petroleum, not being dangerous petroleum, 
otherwise than by a pipe line, 

may be granted by a District Magistrate, or by such other authority as 
the Local Government may from time to time by order in writing appoint 
in this behalf. Licenses for the possession and transport of dangerous 
petroleum in quantities exceeding 40 gallons may be granted by the Local 
Government or an officer appointed by the Local Government in this 
behalf. In all other cases the licensing authority shall he the Local 
Government: 

Provided that in the case of renewals of existing licenses the Local 
Government may delegate its powers under this rule to the District Magis¬ 
trate or to such other authority as the Local Government may from time 
to time by an order in writing appoint in this behalf. 

3. License.-— The licensing authority may,, for reasons to be com¬ 
municated to the applicant, refuse a license in any ease: 



216 The District or Abu, —(F777 .—Orders under Acts locally applied.) 


Provided tliat the licensing authority shall not refuse a license for 
the possession of petroleum m a minor installation, unless such authority 
has first made a reference to the Chief Inspector of Explosives and 
obtaintd his concurrence. . 

4. Forfeiture of license .—Every license granted under these rules 
shall be liable to be forfeited for any contravention of the Act, or of any 
rule thereunder, or of any condition contained in such license, or for 
any other reason deemed by the licensing authority to be good and suffi¬ 
cient, and recorded by him in writing. 

5. Particulars of license .—Every license and pass granted under these 
rules shall be held subject to the conditions endorsed on it, and shall 
contain all the particulars which are contained in the form prescribed for 
it by these rules: 

Provided that in the case of installations and storage sheds in existence 
before these rules were made, the license may contain in lieu of the 
particulars contained in the form prescribed for it by these rules, either 
such particulars as may have been entered in the license granted for 
such installation or storage shed under the rules heretofore in force, or 
such particulars as may in each case be approved by the Chief Inspector 
of Explosives: 

Provided also that in the case of installations or storage sheds intend¬ 
ed for the storage of petroleum which has a flashing point above 150° 
the license may contain, in lieu of the conditions endorsed on the form 
prescribed for it by these rules, such conditions as may in each case be 
approved by the licensing authority on the recommendations of the Chief 
Inspector of Explosives. 

5A. Notwithstanding anything contained in rule 5 the Local Govern¬ 
ment may, on the recommendation of the Chief Inspector of Explosives, 
omit, alter or add to any of the conditions specified in the prescribed 
form of license, 

6. Renewal of licenses .—(J) Every application for the renewal of a 
license shall be made in the same manner as an application for an original 
license. 

(2) Every such application shall he made at a date not less than thirty 
days before the date on which the original license expires, and, if the 
application is so made, the premises shall he held to be duly licensed 
until such date as the licensing authority issues the renewed license or 
until an intimation that the renewal of the license is refused has been 
communicated to the applicant. 

(♦?) The same fee shall he charged for the renewal of a license as for a 
new license. 

7. Supply of rules to licensee .—-When any license is granted for the 
possession or transport of petroleum, a copy of the rules contained in 




The District op Abo. — (VIII .— Orders under Acts locally applied.) 217 


Chapter I of this Part in the case of a license for possession, and in 
Chapter II of this Part in the case of a license for transport, printed in 
English and the vernacular, shall be given, together with the license, 
to the licensee. 

8. Procedure on death or disability of licensee. —Where a licensee 
dies or becomes insolvent or becomes mentally incapable or otherwise 
disabled, the person carrying on the business of such licensee shall not 
be liable to any penalty or forfeiture under the Act or these rules for 
acting under the license during such time as may reasonably be necessary 
to allow him to make an application for a new license in his own name 
for the unexpired portion of the original license. 

9. Loss of license .—Where a license granted under these rules is lost 
or accidentally destroyed, a duplicate may be granted. 


Chapter IV".— Licenses for the Possession of Petroleum. 

X. Continuance of license. —Save as provided in rule 9 (1) of this 
Chapter every license for the possession of petroleum shall remain m 
force until the 31st of December next following the date of issue of the 
license. 

2. Petroleum not in bulk , other than dangerous petroleum .—Licenses 
for the possession of petroleum, not being dangerous petroleum, otherwise 
than in bulk, may be granted in Form A. 

3. Dangerous petroleum not in bulk .—Licenses for the possession of 
dangerous petroleum, not in bulk, in quantity exceeding forty gallons 
may be granted in Form B. 

4. Dangerous petroleum not exceeding forty gallons —Licenses for the 
possession of dangerous petroleum in quantity not exceeding forty gallons 
may be granted in Form 0. 

5. Transfer of certain licenses .— (I) The holder of a license in Forms 
A, B or 0 may, at any time before the expiry of the license, apply for 
permission to transfer his license to another person. 

(2) Such application shall be made to the District Magistrate, who 
shall, if he approves of the transfer, enter upon the license, under his 
signature, an endorsement to the effect that the license has been trans¬ 
ferred to the person named. 

(5) A fee of R1 shall be charged on each such application. 

(4) The person to whom the license is so transferred shall enjoy the 
same powers and be subject to the same obligations under the license as 
the original holder. 

6. Possession of dangerous petroleum in receptacles Containing more 
than forty gallons each .—Special licenses for the poweesioii of dangerous 
petroleum in receptacles containing moire then sixty-ftve gallons, may he 




218 The District oj? Abu. — (VIII.—Orders under Acts locally applied.) 


granted on such, terms as the Local Government may prescribe on the 
recommendation of the Chief Inspector of Explosives. 

7. Storage in major installations. —Licenses for the possession of any 
stated quantity of petroleum, not being dangerous petroleum, in major 
installations, m accordance with such specifications and plans as the 
Local Government, on the recommendation of the Chief Inspector of 
Explosives, may from time to time, by general or special order, approve, 
may be granted in Eorm D. 

8. Storage in minor installations .—Licenses for the possession of any 
stated quantity of petroleum, not being dangerous petroleum, in minor 
installations in accordance with such specifications and plans as- the Chief 
Inspector of Explosives may from time to time, by general or special 
order, approve, may be granted in Eorm E. 

9. Dangerous petroleum for use on motor-vehicles .—(. 1 ) Licenses in' 
Eorm E may be granted free of charge for the possession of dangerous 
petroleum for use on motor-vehicles and for its transport thereon, for the 
purpose of use therein. Permanent licenses in Form F may be granted 
free of charge for the possession of dangerous petroleum for use on motor 
vehicles and for its transport thereon for the purpose of use therein. The 
licenses will be subject to the condition that the owners of the vehicles 
shall surrender the licenses to the licensing authority if they part with 
the vehicles on behalf of which they are granted. 

(2) The provisions of the ordinary rules relating to the possession of 
-dangerous petroleum shall regulate the possession of dangerous petroleum 
for use on motor-vehicles, save in so far as these provisions are varied 
by the conditions of the license. 

10. Particulars to be given in applications for licenses for the posses - 
jion of petroleum other than licenses under rules 4 and 9 .—Every appli¬ 
cation for a license for the possession of petroleum, other than licenses 
under rules 4 and & of this Chapter, shall specify: — 

(а) the description and quantity of petroleum which the applicant 

desires to keep, 

(б) the name and position of the premises intended to be used for 

the storage of such petroleum, and whether the said pre¬ 
mises fulfil the conditions prescribed by Form A, Form B, 
Eorm D, or Form E, as the case may be, 

(c) the amount of petroleum, if any, already licensed to be kept 
on the same premises. 

If the application be made for the first time in respect of any major 
•or minor installation or if the quantity of petroleum to be stored in such 
ian installation is to be increased, the application shall be accompanied by 
specifications and plans drawn to scale. ( 




Tiie District op Abu.— (YZZZ. — Orders under Acts locally applied .) 2l9 


31. Certificate of safety to be furnished .—Before petroleum is stored 
in any major or minor installation for which a license has been granted 
for the first time, a certificate shall be furnished to the licensing authority 
to the effect that all enclosure walls and embankments required to he 
constructed under the conditions of the license are sufficient to ensure 
safety. The certificate shall be signed by an engineer accepted as quali¬ 
fied for the purpose by the licensing authority. When the license is not 
granted for the first time but is granted for an increased quantity of 
petroleum, a certificate shall similarly be furnished to the licensing 
authority before any quantity of petroleum exceeding the amount which 
was admissible under the former license is stored in the installation. 

12. Particulars to he given in applications for licenses under rules 4 
and V .—Every application for a license under rules 4 and 9 of this Chapter 
shall specify: — 

(a) whether the applicant is the owner of a motor-vehicle, 

(b) the amount of dangerous petroleum the applicant desires to 

store, 

(c) the exact position and nature of the premises intended to be 

used for the storage of such dangerous petroleum, and 
whether tlm said premises fulfil the conditions prescribed by 
Form 0 or Form F, as the case may be. 


Chapter Y. —Licenses for the Transport of Petroleum . 

1. Rave as provided in rule 7 of this Chapter, every license for the 
transport of petroleum shall remain in force until the 31st December 
next following the date of issue of the license. 

1A. General licenses for the transport of petroleum other than 
dangerous petroleum may be granted in Form G. 

2. General licenses for the transport of dangerous petroleum ,—Gene¬ 
ral licenses for the transport of dangerous .petroleum, otherwise than in 
bulk, may be granted in Form II, 

3. Effect of general license .—Licenses granted under rules 1A, 2 and 
9 of this Chapter may authorise the holders to transport petroleum without 
restriction as to destination or total quantity,. 

4. Pass for transport of petroleums The holder of a general license 
granted under rules 1 A, 2 or 9 of this Chapter shall, with each consign¬ 
ment of petroleum conveyed under cover of his license, issue to th* 
person who takes charge of the petroleum for the purpose of transporting 
it, a numbered pass in Form 1, 

4A. Issue of pass for the transport of petroleum by an authorised 
Agent ,—(/) The holder of a general license granted, vnd,er rules 1A, 2 
or 9 of tins Chapter may authorise his agent in writing by a general 
authority to issue passes in Form 1A, for the transport of petroleum in 

IV t 


220 The District of Abu. — (VIII.—Orders under Acts locally apphed.) 


respect solely of consignments, or parts thereof, which have been con¬ 
veyed tinder a pass issued under rule 4 of this Chapter. Such general 
authority shall be given in Form I, copies of which may be obtained by 
the licensee from the licensing authority. 

(2) The holder of a general license shall, on granting such written 
authority to an Agent, at the same time forward a duplicate copy of the 
authority to the District Magistrate for information, and shall also 
deliver up the original to the District Magistrate when the authority is 
cancelled. 

5. Special licenses for the transport of petroleum other than dangerous 
petroleum .—Special licenses may be granted for the transport of petro¬ 
leum, other than dangerous petroleum, in quantities exceeding 5 hundred 
gallons, in Form J. 

6. Special licenses for the transport of dangerous petroleum .—Special 
licenses may be granted for the transport of dangerous petroleum in 
Form K. 

7. Effect of special license .— A special license granted under rules 5 
and 6 shall only cover the transport of the particular consignment entered 
in the license, and shall he valid for such period as may be entered in it. 

8. Particulars to he given in applications for special licenses .— 
Applications for special licenses for the transport of petroleum by rail, 
by road, by steamer or by barge, or by two or more of these modos of 
conveyance, shall specify the description and quantity of petroleum to 
be transported, and the places from and to which, respectively, the 
petroleum is to be conveyed, and shall describe the receptacles in which 
it is to be contained. 

9. Transport of dangerous petroleum by motorists otherwise than on a 
motor-vehicle .—General licenses in Form L to transport dangerous 
petroleum up to a maximum of sixty gallons at a time, otherwise than on 
a motor-vehicle may be granted to owners of motor-vehicles holding 
licenses under rule 9, sub-rule (7), of Chapter IY of this Part, to possess 
petroleum aud use' or transport it on a motor-vehicle. 

k 

Chattbb VI.— Fees. 

1. Method of levying fees. —(2) Where the proceeds of fees leviable 
for licenses under these rules have bepn assigned by the Local Govern* 
ment to any local authority the fees shall he levied in such manner aa 
the local authority may from time to time direct, 

(S) In all other cases the fees shall he paid in cash on receipt of a 
notice from the licensing authority that a license will he granted. 

(3) The court-fee stamp of the value of eight annas representing the 
fee chargeable under schedule II, Article 1 (6) of the Court Fees Act oft 
ah application for a license presented to a Magistrate should be attached 
to the application. it ,. 



The District of Abtt. —(F/ZZ.— Orders under Acts locally applied,) 221 


2. Fees for licenses for possession of petroleum .—Tlie following fees 
shall be charged for licenses for the possession of petroleum, namely: — 


Non-dcmgerous petroleum . 


Es. 

(a) When the quantity to be 12 

stored exceeds five 
hundred but does not ex¬ 
ceed one thousand gal¬ 
lons. 

( b ) When the quantity to ho 12 

stored exceeds one 
thousand hut does not ex¬ 
ceed five thousand gal¬ 
lons. 

(c) When the quantity to he 20 

stored exceeds five 
thousand gallons, but does 
not exceed fifty thousand 
gallons. 

(d) When the quantity to ho 250 

stored exceeds fifty 
thousand gallons. 


for the first one thousand gallons 
pi tin Es. 2 for every additional 
one thousand gallons or part 
theieof. 

for the first five thousand gallon? 
phis Es. 4 for every additional 
one thousand gallons or part 
theieof. 


Dangerous petroleum, 

I la. 

(e) When the quantity to be 3 

stored does not exceed 
forty gallons. 

(/) When the quantity to be 8 

stored exceeds forty gal¬ 
lons hut does not exceed 
five hundred gallons. 

( g) When the quantity to be the same fees as those laid down for 

stored exceeds five hundred non-dangerous petroleum, 

gallons. 


3* Fees for licenses for transport of petroleum « — The following fees 
shall be charged for licenses for the transport of petroleum: — 

Non-dangeroits petroleum . 

Special license— 

Es. 

(а) When the quantity to be transported exceeds five hundred 

but does not exceed five thousand gallon* ... 1 

(б) For every additional five thousand gallons or part of five 

thousand gallons.1 

General license for the transport of non-dangcrous petroleum 

by rail, by road, or vy water.100 


Dangerous petroleum , 


Special license— 

(i) When the quantity to be 
transported does not ex¬ 
ceed forty gallons. 

(it) When the quantity to be 
transported exceeds forty 
gallons but does not ex¬ 
ceed four hundred and 
eighty gallons. 


Es. 

2 

2 for the first 60 gallons plus 8 annas 
for every additional forty gat* 
lom or part thereof* 

t 2 




222 'I’hb District of Abo. — (VII1.—Orders under Acts locally applied.) 


(iii) "When the quantity to he 
transposed exceeds foui 
hundred and eighty gal¬ 
lons. 

General license for the transport 
of dangerous petroleum 

by the owner of a motor- 
vehicle by road, rail or 
water, up to a maximum 
of sixty gallons at a time. 

General license for the transport 
of dangerous petroleum 

by dealers by iail, road or 
water. 


Rs. 

8 


50 


for the first four ^hundred and 
eighty gallons plus Rs. 2 for every 
additional four hundred and 
eighty gallons or part theieof. 


4. Fee for license granted for ini expired portion of an original license * 
—A fee of one rupee shall be charged for a new license for the unexpired 
portion of an original license granted to any pei'son applying for the 
same in accordance with the provisions of rule 8 of Chapter III of this 
Part. 


5. Fee for duplicate licenses ,—A fee of eight annas shall be (‘barged 
for a duplicate of a license granted in accordance with the provisions of 
rule 9 of Chapter III of this Part 


“FORM A. 

(Rule 2 of Chapter IV of Part II.) 

License to possess petroleum (other than dangerous petroleum ), otherwise 

than in hulk . 

Ho. Pee, Rs. 

License is hereby granted to for the storage, 

in the storage shed described below, of gallons of petroleum 

subject to the rules for the storage of petroleum published in Notification 
Ho. , dated , and to the further conditions on 

the back of this license. 

District Magistrate or authority 
appointed under rule 2 of Chapter III of Part 1 1. 

The 19 . 

[Description of the, storage shed above referred to.] 

Endorsement on Poem A. 

Conditions of the License . 

If the licensing officer call on the holder of a license, by a notice in 
writing, to execute any repairs of the storage shed, which may, in the 
opinion of such officer, be necessary for the safety of the shed, the holder 
of the license shall execute the repairs within such period, not being 
leea than one month from the date of receipt of the notice, us may bo 
fixed l>y the Notice. 


The District of Abu. —(FZZZ .—Orders under Acts locally applied.) 223 


2. The storage slied shall he constructed of masonry or other unin¬ 
flammable material with terraced, tiled or iron roofs and with tiled or 
paved or earthen floors, but the beams, rafters, columns, windows and 
doors may be of wood. 

3- Either the doorways and other openings of the storage shed shall 
be built up to a height of two teet above the level of the road or street, 
or the floor sunk to a depth of two feet below the level of the road or 
street, so that the petroleum cannot flow- out from the building in case of 
its escape from the receptacle m which jt is contained, or the building 
itself shall he surrounded with a masonry wall or embankment or both 
not less than two feet high. When the quantity of petroleum stored 
exceeds 16,000 gallons, the height or depth shall he 3 feet. 


A combination of these methods is permissible. 

4. The following distances shall be kept (dear round the building: 


Distances to bo kept clear round 
buildings or enclosure walls. 

None .... 

20 feet 

30 feet ... 


Numbers of gallons to 
bo stored. 

5,000 and under. 

over 5,000 and up to 50,000. 

Unlimited. 


5. No light, except a light of such strength, position and character 
as is not liable to ignite any inflammable vapour, nor five of any descrip¬ 
tion, shall be permitted within the storage shed. 


FORM B. 

(Rule 3 of Chapter IV of Part II.) 

License to possess dangerous petroleum, otherwise than in hulk, in 
quantity exceeding forty gallons , 

No. Pee, Ra, 

.License is hereby granted to for the storage, in 

the storage shed described below, of gallons of dangerous petroleum, 
subject to the rules for the storage of petroleum published in Notification 
No, , dated , and to the further conditions 

on the back of this license. 


Secretary to the Agent to the Governor 
General, Rnjputana, and Chief Commis¬ 
sioner, Ajmer-Merwara, or an 
officer appointed by the Local Government 

in this behalf. 


The » 19 . 

[Description of the storage shed above referred to,J 



224 The District of Abu. — (VIII.—Orders under Acts locally applied .) 


Endorsement on Form B. 

Conditions of License. 

1. If the licensing officer call upon the holder of a license, *by notice 
in writing, to execute any repairs of the storage shed, which may, in the 
opinion of such officer, be necessary for the safety of the shed, the 
holder of the license shall execute the repairs within such period, not 
being less than one month from the date of receipt of the notice, as may 
be fixed by the notice. 

2. The license-holder is prohibited from delivering any quantity of 
dangerous petroleum exceeding three gallons to any one who has not a 
license under section 5 or section 6 of the Act, or any less quantity of 
such petroleum, except in accordance with the conditions of the proviso 
to section 6 of the Act, as to the vessels in which the petroleum must be 
contained. 

3. The petroleum shall be stored in gas-tight tinned or galvanized 
sheet iron, steel or lead plate receptacles containing each not more than 
sixty-five gallons and fitted with well-made filling holes and well-fitting 
screw plugs, or fitted with screw cap or other cap with metal air-tight 
undercap. Such receptacles shall be packed in strong wooden cases, the 
thickness of wood to be not less than three-eighths of an inch: provided 
that wood cases shall not be necessary when the receptacles are made of 
tinned or galvanized sheet iron or steel, and have the following thickness 
of metal: — 

Not less than 

(1) When the capacity does not exceed two gallons 27 B. W. G. 

(2) When the capacity exceeds two gallons but does 

not exceed four gallons.22 B. W. G. 

(5) When the capacity exceeds four gallons but 

does not exceed eight gallons . . . 20 B. W. G. 

(4) When the capacity exceeds eight gallons but 

does not exceed twenty gallons . . . 16 B. W. G. 

(6) When the capacity exceeds twenty gallons but 

does not exceed thirty gallons , , . M B. W. G. 

(6) When the capacity exceeds thirty gallons but 

does not exceed forty gallons . . . 12 B. W. G. 

(7) When the capaoaty exceeds forty gallons but 

does not exceed sixty-five gallons . , . 10 B. W. G. 

4. An air-space of at least one-tenth of its capacity shall he left in 
each receptacle at the time of filling. 

5. The receptacles shall he so substantially constructed and secured 
as not to be liable except under circumstances of grave negligence or 
extraordinary accident^ to be broken or become defective^ leaky or 
insecure. 

6. The receptacles shall be labelled in accordance with the provisions 
of section T of the Act. 




The Disthict of Abu. —(' VUI.—Orders under Acts locally applied.) 225 


7. Any receptacle, before being repaired, shall be cleared of all 
dangerous petroleum and of all dangerous vapours arising from the same. 

8. The storage shed shall be constructed of masonry or other unin¬ 
flammable material with terraced, tiled or iron roofs and with tiled or 
paved or earthen floors. 

9. Either the doorways and other openings of the storage shed shall be 
built up to a height of two feet above the level of ihe road or street, or 
the floor sunk to a depth of two feet below the level of the road or street, 
so that the petroleum cannot flow out from the building in case of its 
escape from the receptacle in ‘which it is contained, or the building* itself 
shall be surrounded with a masonry wall or embankment or both not less 
than two feet high. When the quantity of petroleum stored exceeds 
16,000 gallons, the height or depth shall be three feet. 

A combination of these methods is permissible. 

10. All ventilating openings in the storage shed shall be protected by 
strong wire gauze. 

11. No light except a light of such strength, position and character 
as is not liable to ignite any inflammable vapour, nor fire of any descrip¬ 
tion, shall be permitted at any time within the storage shed. 

12. All due precautions shall be taken for the prevention of unauthor¬ 
ised persons having access to any dangerous petroleum kept and to the 
vessels containing or having actually contained ihe same. 

13. Every person managing or employed on or in connection with the 
storage shed shall abstain from any act whatever which tends to cause 
fire or explosion arul which is not reasonably necessary, and shall prevent 
any other person from doing such act. 

14. The drum or other receptacle containing dangerous petroleum 
shall only be opened on the licensed premises at or immediately adjoin¬ 
ing the storage shed and for the time necessary for drawing off the 
petroleum, and during such drawing off every reasonable precaution shall 
be adopted for preventing the escape of dangerous petroleum or the 
vapour therefrom. 

15. The following distances shall be kept clear from protected works 
round the storage shed: — 


Quantity to be stored. 

Feet. 


Not exceeding 500 gallons ....... $0 

From 500 to 1,000 gallons.25 

„ J ,000 to 5,000 gallons.30 

„ 5,000 to 15,000 gallons.40 

„ 15,000 to 25,000 gallon#.50 

„ 85,000 to 35,000 gallons. 60 

„ 85,000 to 50,000 gallon#.70 

„ 50,000 gallons and over ..100 










226 The District op Abu. — (VIII.—Orders under Acts locally applied .) 


Provided that these distances may be reduced by the licensing 
authority on the recommendation of the Chief Inspector of Explosives in 
cases where screen walls are provided or other special precautions taken, 
or where there are special circumstances that in the opinion of the Chief 
Inspector of Explosives warrant the reduction. 

16. Provided that when the quantity to be possessed does not exceed 
60 gallons the provisions of conditions 8, 9 and 15 shall not apply, but 
the licensee shall observe the following conditions: — 

(&) The storage shed in which the dangerous petroleum is stored 
shall be well ventilated and constructed of uninflammable 
material, provided however that the doors and windows may 
be of wood. 

(li) Where a storage shed forms part of or is attached to another 
building and when the intervening floor or partition is of 
an unsubstantial or inflammable character or has openings 
therein, the whole of such building shall be deemed to be 
the storage shed and no portion of such storage shed shall 
be used as a dwelling house or as a place where persons 
assemble. The storage shed shall have a separate entrance 
from the open air distinct from any building or dwelling 
in which persons assemble. 

17. The storage shed shall be liable to inspection by an officer not 
being of lower rank than a Sub-Inspector of Police authorized by the 
Local Government in this behalf, 


FORM C 

(Rule 4 of Chapter IV of Part II.) 

License to possess dangerous petroleum in Quantity not exceeding forty 


No 


gallons, 

Fee, Rs. 3 

License is hereby granted to for the storage, in 

the storage shed described below, of gallons of dangerous petroleum, 
subject to the rules for the storage of petroleum published in Notification 
y dated , and to the further conditions 

on the back of this license. 


District Magistrate or authority 
appointed Under rule 2 of Chapter III 

of Part II 


The 19 

[Description of the storage shed above referred to.] 



The District of Abu. —(FIZZ .—Oulcis under Acts locally applied .) 227 


Endorsement on Form C. 

Conditions of License . 

1. If the licensing officer call upon the holder of a license, by notice 
in writing, to execute any repairs of the storage shed, which may, in the 
opinion of such officer, be necessary for the safety of the shed, the holder 
of the license shall execute the repairs within such period, not being less 
than one month from the date of receipt of the notice, as may he fixed 
by the notice. 

2. The license-holder is prohibited from delivering any quantity of 
dangerous petroleum exceeding throe gallons to any one who has not a 
license under section 5 or section G of ihe Act, or any less quantity of 
such petroleum, except in accordance with the conditions of the proviso 
to section 0 of the Act, as to ihe vessels in which the petroleum must be 
contained 

3. The petroleum shall be stored in gas-tight tinned or galvanized 
sheet iron, steel or lead plate receptacles containing each not more than 
ten gallons and fitied with well-made filling holes and well-fitting screw 
plugs, or fitted with screw cap or other cap with metal air-tight umlercap. 
Such receptacles shall be packed in strong wooden cases, the thickness of 
the wood to be not less than three-eighths of an inch ; provided that wood 
cases shall not he necessary when the receptacles are made of tinned or 
galvanized sheet iron or steel, and have the following thieknohS of 
metal: — 

Not less limn 

(1) When the capacity tlut»s not exceed two gallons 27 B. W. G. 

(2) When the capacity exceeds two gallons but does 

not exceed four gallons.22 B. W. G, 

(tt) When the capacity exceeds four gallons but 

does not exceed eight gallons . . . 20 B. W. Gk 

(4) When the capacity exceeds eight gallons . . 16 B. W. G. 

4. An air-space of at least one-tenth of its capacity shall be left in 
each receptacle at the time of filling. 

6. IleceptueJes shall be so substantially constructed and secured as 
not to be liable, except under circumstances of grave negligence or ex¬ 
traordinary accident, to be broken or become defective, leaky or insecure. 

6* The receptacles shall be labelled in accordance with the provisions 
of section 7 of the Act. 

7. Any receptacle, before being repaired, shall be cleared of 'all 
dangerous petroleum and of all dangerous vapour** arising from the same. 

8. The storage shed in which the dangerous petroleum is stored shall 
be well ventilated and constructed of uninflammable materM* provided, 
however* that , the doors and windows may be of wood* 

9. All ventilating openings in the storage shed shall be protected by 
strong wire gauge. 




228 The District of Abu. — (VIII.—Orders under Acts locally applied.) 


10. No light, except a light of such strength, position and character 
as is not liable to ignite any inflammable vapour, nor fire of any descrip¬ 
tion, shall be permitted at any time within the storage shed. 

11. All due precautions shall be taken for the prevention of unauthor¬ 
ised persons having access to any dangerous petroleum kept and to the 
vessels containing or having actually contained the same. 

12. Every person managing or employed on or in connection with the 
storage shed shall abstain from any act whatever which tends to cause fire 
or explosion and which is not reasonably necessary and shall prevent any 
other person from doing such act. 

13. The drum or other receptacle containing dangerous petroleum 
shall only be opened on the licensed premises at or immediately 
adjoining the storage shed and for the time necessary for drawing off 
the petroleum, and during such drawing off every reasonable precaution 
shall be adopted for preventing the escape of dangerous petroleum or the 
vapour therefrom. 

14. Where a storage shed forms a part of or is attached to another 
building, and where the intervening floor or partition is of an unsub¬ 
stantial or inflammable character or has openings therein, the whole of 
such building shall be deemed to be the storage shed, and no portion of 
such storage shed shall be used as a dwelling or as a place where persons 
assemble. The storage shed shall have a separate entrance from the open 
ait distinct from any building or dwelling in which persons assemble, 

15. The storage shed shall be liable to inspection by an officer not 
being of lower rank than a Sub-Inspector of Police, authorized by the 
Local Government in this behalf. 


POEM D. 

(Buie 7 of Chapter IV of Part II.) 

License to possess petroleum , not being dangerous petroleum , in a major 

installation . 

ifo. Pee, Rs. 

License is hereby granted to for the storage, 

in the place described below, of gallons of petro¬ 

leum, not being dangerous petroleum, subject to the rules for the storage 
of petroleum published in Notification, No. , dated 

and to the further conditions on the back of this license. 

Secretary to the Agent to the Governor 
General, Rajputana, and 
Chief Commissioner, Aj nier-Merwara. 

The 19 . 

[Description of the place above referred to.] 



The District oe Abu.— ( VIII.—Orders under Acts locally applied.) 229 


Endorsement on Form D. 

Conditions of License. 

1. Eacli tank shall either he separately surrounded by a wall or em¬ 
bankment of substantial construction, or shall be partially sunk in an 
excavation. The inelosure thus formed shall be of dimensions sufficient 
to contain 10 per cent, more oil than the tank is capable of containing, 
and shall be so constructed as to prevent the escape therefrom of any 
oil in the form of liquid, whether under the action of fire or otherwise. 
Settling or measuring tanks* may be situated within the wall or excava¬ 
tion, but otherwise the space enclosed by such wall or excavation, and 
not occupied by the tank, shall be kept entirely clear and unoccupied. 

2. In the case of all storage sheds within the installation, either the 
doorways and other openings of the building shall be built up to a height 
of three feet above the level of the ground outside it, or the floor shall 
be sunk to a depth of three feet below the level of the ground, or the 
building itself shall be surrounded with a masonry wall or embankment 
or both not less than three feet high. 

3. The height of any storage tank shall not "be more than three-fifths 
of its diameter. 

4. A distance of not less than one hundred feet shall be kept clear 
between one storage tank and another, or between a storage tank and a 
storage shed, the distance being measured between the nearest points of 
the perimeters of the storage tanks or storage sheds, as the case may be. 

5. A distance of not less than one hundred and fifty feet shall be 
kept clear between any storage tank or shed and any protected work. 

(5. The distances specified in conditions 4 and 6 may be redxiced by the 
Local Government on the recommendation of the Chief Inspector of 
Explosives in cases where screen walls are provided, or other special 
precautions taken, or where there are special circumstances that, in the 
opinion of the Chief Inspector of Explosives, warrant the reduction. 

7. No fire or lights other than those necessary for soldering purposes, 
shall be permitted within the installation except in the office, living 
quarters, engine room, boiler house and smithy. 


FORM E. 

(feule 8 of Chapter IV of Part II*} 

License to possess petroleum, not being dangerous petroleum^ in a mimor 

installation # 

No. Fee, Rs. 

License is hereby granted to ier the storage, 

irt the piece described below, of gallons of petr oleum, 

- y -- I -; i -'-■■■ ---I-- , -I -If , ■'■■II ■ r " - J ■' ' ^ 1 1/1 1 1 1 

* These tanks shall not We a greater capacity than 30,000 gallons. 

, " 1 1 * 1' 




*230 The District of Abu. — (VIII.—Orders under Acts locally applied.) 


not being dangeious petroleum, subject to the rules for the storage of 
petroleum published in Notification No. , dated 

, and to the further conditions on the back of this license. 


District Magistrate or authority appointed 
under rule 2 of Chapter IT1 of Part II. 


The 19 . 

[Description of the place referred to.] 

Endorsement on Form E. 

Conditions of License. 

1. Every tank of which the capacity exceeds fifteen thousand gallons 
vshall either be separately surrounded by a wall or embankment of sub¬ 
stantial construction, or shall be sunk in an excavation. The enclosure 
thus formed shall be of dimensions sufficient to contain the total quantity 
of oil capable of being contained in the tank and shall be so constructed 
as to prevent the escape therefrom of any oil m the form of liquid, 
whether under the action of fire or otherwise. The space enclosed by 
such wall or excavation and not occupied by the tanks, shall be kept 
entirely clear and unoccupied. 

2. The distance to be kept clear between a tank and the walls or 
embankments which surround it shall be, measuring from the ground 
level— 

(a) for horizontal tanks, not less than one-third the height of the 

tank; 

(b) for perpendicular tanks, not less than one-half the height of 

the tank. 

3. The height of walls or embankments surrounding the installation 
shall be not less than two feet six inches from the ground level. 

4. The following distances shall be kept clear between protected works 
not forming part of the installation and the enclosure walls or embank¬ 
ments ; — 

Where the number of gallons stored is— Distance to be kept clear. 

5,000 and under .... Not less than 15 feet. 

Over 5,000 and up to 20,000 , Not less than 20 feet. 

Over 20,000 and up to 50,000 < Not less than SO feet. 

Provided that these distances may be reduced by the Local Govern¬ 
ment on the recommendation of the Chief Inspector of Explosives in cases 
where screen walls are provided or other special precautions taken, or 
where there, are special circumstances which in the opinion of the Chief 
Inspector of Explosives warrant the reduction. 



The District of Abu. —( VIII.—Outers under Acts locally applied.) 231 


5. Soldering shall only be permitted in a separate room or building 
placed as far from tlie tanks as can be conveniently arranged, in which 
no storage or filling shall lie permitted. No more tins shall be allowed 
in the soldering room at any one time than are necessary for expeditious 
working. 

6. No fire or lights, except those necessary in the soldering room and 
watchman's house, shall be permitted. 

7. If the installation contains tanks of which the capacity does not 
exceed fifteen thousand gallons, either— 

(a) each tank shall separately he enclosed in the manner prescribed 
in condition 1, or 

(Ij) the entire installation shall bo surrounded by a masonry wall 
or embankment or a combination of these forming an 
enclosure of dimension*, suilicienl to contain, and prevent 
the overflow of, all the oil that may lie stored at any one 
time within suedi walls or embankments. 

8. In the case of all storage sheds within an installation, which is not 
•surrounded by a masonry wall or embankment as provided in clause (/>) 
of the condition 7, either the doorways and other openings of the build¬ 
ing shall be built up to a height of two feet above the level of the ground, 
outside it, or the floor sunk to a depth of two feet below the level of the 
ground, so that the petroleum cannot flow out from the building in case of 
its escape from the receptacle in which it is contained, or the building itself 
shall be surrounded with a masonry wall or embankment or both, not less 
than two feet high. When the quantity of petroleum stored exceeds 
16,000 gallons the height or depth shall be three feet. 

A combination of these methods is permissible. 


FORM F. 

(Rule 9 of Chapter IV of Part II.) 

Special license to possess and transport dangerous petroleum for owners 

of motors chicles. 

No. Free of charge* 

Incense is hereby granted to owner (or hirer) of 

a motor-vehicle (or vehicles), for the possession of gallons 

of dangerous petroleum for use therein at* and for its transport on 
the said motor-vehicle (or vehicles) for the purpose of use therein, subject 
to the rules for the possession and transport of; dangerous petroleum pub* 

r . . . , . . .. . . . .. .. . .. . . . .. n .. . . . ■.,. . 

* Situation tund description of storage eied afore referred to. 




232 The District or Abu. —(FZ/7 .—Orders under Acts locally applied.) 


lislied in Notification No. , dated , and to the 

conditions at the hack of this license. 


When the quantity exceeds 40 
gallons. 


Secretary to the Agent to the Gov¬ 
ernor General, Rajputana, and 
Chief Commissioner, Ajmer- 
Merwara, or an officer appointed 
by the Local Government in this 
behalf. 


When the quantity does not exceed 
40 gallons. 


District Magistrate or author¬ 
ity appointed under rule 2 of 
Chapter III of Part II. 


The 


19 * 


Endorsement on Eorm E. 

Conditions of the License. 

1. When not carried in a receptacle forming part of a motor-vehicle. 
The dangerous petroleum shall not be kept, used or transported except in 
gas-tight tinned or galvanized sheet iron, steel or lead plate drums or 
receptacles containing each not more than 4 gallons and fitted with well- 
made filling holes and well-fitting screw plugs, or fitted with screw cap 
or other cap with metal air-tight undercap. Such drums or receptacles 
shall be packed in strong wooden cases, the thickness of the wood to be 
not less than three-eighths of an inch. Provided that wood cases shall 
not be necessary when the drums or receptacles are made of tinned or 
galvanized sheet iron, or steel, and have the following thickness of 
metal:— 

. Not less than 

(1) When the capacity does not exceed 2 gallons . 27 B. W. G. 

(2> When the capacity exceeds 2 gallons . . 22 B. W. G. 

2. The drums or receptacles shall be so substantially constructed and 
secured as not to be liable, except under circumstances of gross negli¬ 
gence or extraordinary accident, to be broken or become defective, leaky 
or insecure. 

3. Every such vessel, when used for transporting or keeping 
dangerous petroleum, shall hear the words “ Dangerous Petroleum— 
Highly Inflammable 99 legibly and indelibly stamped or marked thereon, 
or on a metallic or enamelled label attached thereto. 

; 4* An air-space of at least one-tenth of its capacity shall be left in 
each drum or receptacle at the time of fillingto allow for expansion of 
the dangerous petroleum. 




The District of Abu. —( VIII.—Orders under Acts locally applied.) 233 


5. Before repairs are done to any such, vessel, that vessel shall, as 
far as practicable, be cleaned by tbe removal of all dangerous petroleum 
and of all dangerous vapours derived from the same. 

6. The storage shed in which the dangerous petroleum, is stored shall 
be well ventilated and constructed of uninflammable materials, provided, 
however, that the doors and windows may be of wood. When, however, 
the quantity of dangerous petroleum does not exceed 20 gallons, it may 
be kept in a garage, stable or separate store room not directly communi¬ 
cating with any dwelling room where persons assemble. 

7. Where a storage shed forms part of, or is attached to, another 
building, and when the intervening floor or partition is of an unsubstan¬ 
tial or inflammable character, or has an opening therein, the whole of 
such building shall be deemed to be the storage shed, and no portion of 
such storage shed shall be used as a dwelling, oi* as a place where persons 
assemble. A storage shed shall have a separate entrance from the open 
air distinct from that of any dwelling or building in which persons 
assemble. 

8. The amount of dangerous petroleum to be kept in any one storage 
shed whether or not upon motor-vehicles, shall not exceed sixty gallons 
at any one time. 

9. The filling or replenishing of any vessels with dangerous petro¬ 
leum shall not be carried on, nor shall the contents of any such vessel 
be exposed, in the presence of fire or artificial light, except a light of 
such construction, position and character as not to be liable to ignite 
any inflammable vapour, and no artificial light shall be brought within 
dangerous proximity of tbe place where any vessel containing dangerous 
petroleum is being kept, 

10. In the case of all dangerous petroleum kept or transported for the 
purpose of or in connection with any motor-vehicle, (a) all due precau¬ 
tions shall be taken for the prevention of accidents by fire or explosion 
and for the prevention of unauthorized persons having access to any 
dangerous petroleum kept or transported and to the vessels containing, 
or having actually contained, the same, and ( b) every person managing 
or employed on or in connection with any motor-vehicle shall abstain 
from every act, whatever, which tends to cause fire or explosion, and 
which is not reasonably necessary, and shall prevent any other person 
from committing such act. 

11. The storage shed or other place of storage referred to in condition 
6 shall be liable to inspection by an officer not being of lower rank than 
an Inspector of Police, authorized by the Local Government in this 
behalf* 

12. This license need not be renewed annually hut the owner shall 
surrender the license if he parts with the motor vehicle on behalf of 
which the license is granted* 



234 The District of Abu. — (VIII,—Orders under Acts locally applied.} 


T-A. 


FORM G. 

(Rule 1 of Chapter Y of Part II.) 

General license to transport petroleum other than dangerous petroleum . 

No. Fee Rs. 100. 

A general license is hereby granted to to 

transport petroleum, other than dangerous petroleum subject to the rules 
contained in Chapter Y of Part II of 

Government Notification No. > 

dated , and to the condition at the back of 

this license. 

This license shall continue in force till the 

District Magistrate or other authority 
appointed under rule 2 of Chapter III 

of Part II. 


The 19 . 

Endorsement on Form G. 

Condition of the License . 

The petroleum, if not in bulk, shall be packed in air-tight tins or 
drums of steel or iron or other receptacles not easily broken or in tank- 
carts of a pattern approved by the Local Government in this behalf, or 
in bottles securely stoppered and carefully packed so as to avoid risk of 
breakage. 


FORM H. 

(Rule 2 of Chapter Y of Part II.) 

General license to transport dangerous petroleum . 

Fee, Es. 50. 

A general license is hereby granted to to trans¬ 

port dangerous petroleum,' subject to the rules contained in Chapter V 
of Part II of Government Notification No. , 

, and to the further conditions on the hack of 
this license. 1 




The District op Abu.— (Vlll.—Orders wider Acts locally applied.) 235 


This license shall continue in force till the 


When the quantity to be trans¬ 
ported at a time exceeds 40 
gallons. 


When the quantity to be trans¬ 
ported at a time does not exceed 
40 gallons. 


Secretary to the Agent to the Gov¬ 
ernor General, Rajputana, and 
Chief Commissioner, Ajmer- 
Merwara, or an officer appointed 
by the Local Government in this 
behalf. 

District Magistrate or other author¬ 
ity appointed under rule 2 of 
Chapter III of Part II. 


The 19 . 


Endoksemkxt ok Foim H. 

Condi lions of License. 

1. The petroleum if not in bulk must be contained in gas-tight tinned 
or galvanised sheet iron, steel, or load plate receptacles containing each 
not more than sixty-five gallons and fitted with well-made filling holes 
and well-fitting screw plugs, oi with screw cap or other cap with metal 
air-tight undereup. Such receptacles shall be packed in strong wooden 
cases, the thickness of the wood to lx* not less than three-eighths of an 
inch: 

Provided that wooden eases shall not be necessary where the recep¬ 
tacles are made of tinned or galvunissed sheet iron or steel, and have the 
following thickness of metal: — 

Not less than 

(1) When the capacity does not exceed two gallon* 27 B, W. GK 

(2) Whan the capacity exceeds two gallons bub does 

not exceed four gallons . , . . . 22 B. W. G. 

(3) When the capacity exceeds four gallons hut 

does not exceed eight gallons . . . 20 B. W. G. 

(4) When the capacity exceeds eight gallons hut 

does not exceed twenty gallons . . . 16 B. W. G. 

(5) When the capacity exceeds twenty gallons but 

does not exceed thirty gallons . . . 14 B. W, G. 

(6) When the capacity exceeds thirty gallons but 

does not exceed forty gallons . . . 12 B. W. G. 

(7) When the capacity exceeds forty gallons but 

does not exceed sixty-five gallons . . , 10 B. W. G. 

2. An air-space of at least one-tenth of its capacity must be left in 

each receptacle at the time of filling. * 

3. The receptacles must be ho substantially constructed and secured 

as not to be liable, except under circumstances of gross negligence or 
extraordinary accident, to, be broken or become defective, leaky or 
insecure in transit, . 

4., The,nature of the contents mi the words “ Highly inflammable ” 
must be distinctly marked on the receptacles* 



236 Tt™ District op Abu. —( VIII.—Orders under Acts locally applied.) 


FORM I. 

(Rules 4 and 4A of Chapter V, Part II.) 

Pass to be granted by the holder of General License No. or 

his Agent duly authorised in writing for the transport of dangor uh 

# non-dangercras 

petroleum in bulk or otherwise than in bulk, subject to the rules contained 
m Chapter Y of Part II of Government Notification No. , 

dated , and to the further conditions on the back 

of this pass. 

dram a 

This pass covers ( .. containing)* gallons of 

packages 

P^olexun being the property of while in transport 

from to 

Holder of General License No. 

or his Agent duly authorised in writing. 

The 19 . 

Estoorsement on Fork I. 

Conditions of Pass . 

L .—For dangerous petroleum in the case of the holder of a license in 

Form H. 

1. The petroleum, if not in bulk, must be contained in gas-tight 
tinned or galvanized sheet iron, steel or lead plate receptacles containing 
each not more than sixty-five gallons and fitted with well-made filling 
holes and well-fitting screw plugs, or with screw cap or other cap with 
metal air-tight undercap. Such receptacles shall be packed in strong 
wooden cases, the thickness of the wood to be not less than three-eighths 
of an inch: > 

Provided that wooden cases shall not be necessary where the recep¬ 
tacles are made of tinned or galvanised sheet iron or steel, and have the 
following thickness of metal: — 

Not less than 

(1) “When the capacity does not exceed two gallons 27 B. W. G. 

(2) When the capacity exceeds two gallons hut does 

not exceed four gallons.22 B. W. G. 

(3) When the capacity exceeds four gallons but 

does not exceed eight gallons . . . 20 B. W. G. 

(4) When the capacity exceeds eight gallons but 

does not exceed twenty gallons . . . 16 B. W. G, 

(5) When the capacity exceeds twenty gallons hut 

does not exceed thirty gallons , . * 14 B, W. G. 

(6) When the capacity exceeds thirty gallons hut 

does not exceed forty gallons . * . 12 B. W. G. 

(7) When the capacity exceeds forty gallons hut , 

__ does not exceed sixty-five gallons . » .10 B. W. G. 

* To he omitted when the petroleum is transported in bulk. 




The District of Abu.—( VIII .— Orders under Acts locally applied.) 237 

2. An air-space of at least one-tenth, of its capacity must be left in 
each receptacle at the time of filling. 

3. The receptacles must he so substantially constructed and secured 
as not to be liable, except under circumstances of gross negligence or 
extraordinary accident, to be broken or become defective, leaky or 
insecure in transit. 

4. The nature of the contents and the words “ Highly inflammable y> 
must be distinctly marked on the receptacles. 

i 

II.— For dangerous petroleum in the case, of the holder of a license in 

Form L. 

1. The quantity of dangerous petroleum to he transported under this 
pass shall not exceed 60 gallons. 

2. The petroleum must he contained in gas-tight tinned or galvanized 
sheet iron, steel, or lead plate receptacles containing each not more than 
four gallons and fitted with well-made filling holes and well-fitting screw 
plugs, or with screw cap fir other cap with metal air-tight undercap. 
Such receptacles shall he packed in strong wooden oases, the thickness 
of the wood to he not less than three-eighths of an inch: 

Provided that wooden cases shall not he necessary where the recep¬ 
tacles are made of tinned or galvanised sheet iron or steel and have the 
following thickness of metal: — 

I Not less than 

(1) When the capacity does not exceed 2 gallons . 27 B. W. G. 

(21 When the capacity exceed# 2 gallons . . 22 B. W. G. 

3. An air-space of at least one-tenth of its capacity must he left in 
each receptacle at the time of filling. 

4. The receptacles must be so substantially constructed and secured as 
not to he liable, except under circumstances of gross negligence or extra¬ 
ordinary accident, to be broken or become defective, leaky or insecure in 
transit. 

5. The nature'of tike contents and the words " Highly inflammable ” 
must he distinctly marked on the receptacles. 

III.— For petroleum other them dangerous petroleum* 

The petroleum, if not in bulk, shall be packed in air-tight tins or 
drums of steel or iron, or other receptacles not easily broken, or in tank- 
carts of a pattern approved by the Local Oorernment in this behalf, or 
in bottles securely stoppered and carefully packed so as to avoid risk of 
breakage,'"' 1 1 




238 The District of Abu. —(T 7 HI,—Orders under Acts locally applied.) 


FORM IA. 


(Rule 4A of Chapter V, Part II.) 

General authority to he given by the holder of a General License to his 
Agent for the transport of petroleum. 

(Duplicate.) 


w ^ e the holder(s) of Gene¬ 
ral License No. for the 
, . , non-dangerous 

transport of 

petroleum in hulk or otherwise 
than m bulk hereby authorise 

(name and residence of Agent) 
to issue passes in Form 1 ap¬ 
pended to the rules for the im¬ 
portation, possession and trans¬ 
port of petroleum, published in 
Notification No 1530—1093, 
dated the 14th October 1909 as 
subsequently amended), for the 
transport of petroleum in res¬ 
pect solely of consignments, or 
part thereof,. which may bo 

conveyed to ^ em under a pass 

issued by ^ under rule 4, 

Chapter V, Part II, of the said 
rules. 

Station 

Date 

Holder of General 
License No. 


Noth. —This part to be re¬ 
tained by the licensee until this 
authority is cancelled and then 
to be delivered up to the Ma¬ 
gistrate of the District in which 
the Agent resides with an in¬ 
dication that the authority has 
been cancelled. 


tho holder(s) of Gene¬ 
ral License No. for tho 
, , , non-dangorous 

transport of -- a ■ 


we 


petroloum in bulk or otherwise 
than in bulk hereby authorise 

(name and residence of Agent) 
to issue passes in Form I ap¬ 
pended to the rules for the mi 
portation, possession and trans¬ 
port of petroloum, published m 
Notification No. 1530—1093, 
dated the I4th October 1909 (as 
subsequently amended), for the 
transport of petroleum in res¬ 
pect solely of consignments, or 
part thereof, which may bo 

conveyed 'to under a pass 

issued by under rule 4, 

Chapter V, Part TI, of the said 
rules. 

Station 

Date 

Holder of General 
License No. 


Norn—This part to be for¬ 
warded for information to the 
Magistrate of the Distnot in 
which the Agent resides. 


~ the holdcr(s) of Gene¬ 
ral License No. for the 
. non-dangerous 
transport of 

petroleum in bulk or otherwise 
than m bulk hereby authorise 

(name and residence of Agent) 
to issue passes m Form I ap¬ 
pended to tho rules for the im¬ 
portation, possession and trans¬ 
port of petroloum, published in 
Notification No. 1530—1093, 
dated tho 14th October 1909 (as 
subsequently amended) for the 
transport of petroleum in res¬ 
pect solely of consignments, or 
part thoreof, which may bo 

conveyed to under a pass 

issued by *—■' under rule 4, 

Chapter V, Part II, of the said 
rules. 

Station 

Date 

Holder of General 
License No. 


Noth.—T his part to be 
forwarded to the Agent. 


FORM J. 

(Rule 5 of Chapter V of Part II.) 

Special license to transport petroleum other than dangerous petroleum. 

Pee, Re. 

to transport fropa. 
cases or packages contain- 

* To be omitted when the petroleum k transport in 


No. 


License is hereby granted to 
to 



Tii& District ojj’ Abu. —(FZZZ.— Order* under Acts locally applied.) 239 


i«g)* gallons of petroleum subject to the rules 

contained in Chapter V of Part II of Government 

Notification No. , dated , and to the 

further condition on the back of this license. 

The license shall continue in force till the 
day of 


District Magistrate or authority 

O tj 

appointed under rale 2 of Chapter III 

of Part II. 


The 


19 . 


E.vdouskwknt ox Point J. 

Condition of the License. 

The petroleum, if not in hulk, shall he packed in air-tight tins or 
drums of steel or iron, or other receptacles not easily broken, or in tank* 
curts of a pattern approved hv the Local Government in this hehulf or in 
bottles securely stoppered and carefully packed so as to avoid risk of 
breakage. 


FORM K. 

(Rule 6 of Chapter V of Part II.) 

Special license to transport dangerous petroleum . 

No. ' Pee, Rs. 

License is hereby granted to of 

to transport *cases or packages containing 

in all gallons of dangerous petroleum from to 

■ subject to the rules contained 

in Chapter V of Part II of Government Notification 

No. , dated , and to the further conditions 

on the back of this license. 

The amount of petroleum in each case or package is stated below. 
This license shall continue in force till the day of 

When the quantity exceeds 40 Secretary to the Agent to the Gov- 
gallons. ernor General, Rajputana, and 

Chief Commissioner, Ajmer- 
Merwara, or an officer appointed 
by the Local Government in thia 
behalf, 1 

.. . ... 1 i,m - ■ *m* *, « i. . . . .. «■ . .-h... — .... ... »” *» 

* To be omitted when the petroleum is transported in, hulk. 




240 The District oe Abu. — (VIII* — Coders under Acts locally applied?) 


When the quantity does not exceed District Magistrate or other author- 
40 gallons. , ity appointed under rule 2 of 

Chapter III of Part II. 

The 19 . 

Endorsement on Form K. 

Conditions of License . 

1. The petroleum, if not in hulk, must be contained in gas-tight 
tinned or galvanized sheet iron, steel, or lead plate receptacles containing 
each not more than sixty-five gallons and fitted with well-made filling 
holes and well-fitting screw plugs, or with screw cap or other cap with 
metal air-tight undercap. Such receptacles shall be packed in strong 
wooden cases, the thickness of the wood to be not less than three-eighths 
of an inch: 

Provided that wooden cases shall not be necessary where the recep¬ 
tacles are made of tinned or galvanized sheet iron or steel, and have the 
following thickness of metal: — 

Not less than 

(1) When the capacity does not exceed 2 gallons . 27 B. W. G. 

(2) When the capacity exceeds two gallons but does 

not exceed four gallons.22 B. W. G. 

(3) When the capacity exceeds four gallons but 

does not exceed eight gallons . . . 20 B. W. G. 

(4) When the capacity exceeds eight gallons but 

does not exceed twenty gallons . . . 16 B. W. G. 

(5) When the capacity exceeds twenty gallons but 

does not exceed thirty gallons . . . 14 B. W. G. 

(6) When the capacity exceeds thirty gallons but 

does not exceed forty gallons . . . 12 B. W. G. 

(7) When the capacity exceeds forty gallons but 

does not exceed sixty-five gallons . . . 10 B. W. G. 

2. An air-space of at least one-tenth of its capacity must be left in 
each receptacle at the time of filling. 

3. The receptacles must be ,so substantially constructed and secured 
as not to be liable, except under circumstances of gross negligence or 
extraordinary accident, to be broken or become defective, leaky or in¬ 
secure in transit. 

4. The nature of the contents and the words u Highly inflammable *’ 
must be distinctly marked on the receptacles. 


FORM L. 

(Rule 9 of Chapter V of Part II.) 

General license to the owner of a motor-vehicle to transport domgerous 
petroleum otherwise than pn a motor-vehicle . 

No, Fee Rs. 5- 

A general license is hereby granted to to trans¬ 

port dangerous petroleum, otherwise than in bulk, up to ^ gallons at a 



The District of Abu. — {VIII.—Orders under Acts locally applied.) 241 

time, subject to tbe rules contained in Chapter V of Part II of 

Government Notification No. , dated , 

and to the further conditions on the back of this license. 

This license shall continue in force till the 

When the quantity exceeds 40 Secretary to the Agent to the Gov- 
gallons. ernor General, Eajputana, and 

Chief Commissioner, Ajmer- 
Merwara, or an officer appointed 
by the Local Government in this 
behalf. 

When the quantity does not exceed District Magistrate or other author- 
40 gallons ity appointed under rule 2 of 

Chapter III of Part II. 

The 19 . 


Endohshmknt on Form L. 

Conditions of License. 

1. The petroleum must be contained in gas-tight tinned or galvanized 
sheet iron, steel, or lead plute receptacles containing each not more than 
4 gallons and fitted with well-made filling holes and well-fitting screw 
plugs, or with screw cap or other cap with metal air-tight undercap. 
Such receptacles shall be packed in strong wooden cases, the thickness of 
the wood to be not less than three-eighths of an inch. 

Provided that wooden cases shall not be necessary where the receptacles 
are made of tinned or galvanized sheet iron or steel and have the follow¬ 
ing thickness of motal: 

Not less than 

(1) Whon tho capacity does not exceed 2 gallons 27 B. W. G. 

(2) When the capacity exceeds 2 gallons . . 22 B. W. G. 

2. An air-space of at least one-tenth of its capacity must he left in 
each receptacle at the time of filling. 

The receptacles must bo so substantially constructed and secured 
as not to be liable, except under circumstances of gross negligence or 
extraordinary accident, to be broken or become defective, leaky or inse¬ 
cure in transit. 

4. The nature of the contents and the words “ Highly inflammt^>le *’ 
must be distinctly marked on the receptacles. 

[Gazette of India, 1923, Pt. II, p. 915.] 



242 The District of Abu. — (VIII. — Orders under Acts locally applied .) 


Application to Acetone , Wood Naptha and Methyl Alcohol of the rules for 
the possession and transport of Petroleum . 

No. 381-G. L., dated the 1st October , 1927 .—In exercise of the 
powers conferred by section 9 of the Indian Petroleum. Act, 1899 (VIII 
of 1899), as applied to Acetone, Wood Naptha and Methyl Alcohol by 
the Notification 1 of the Government of India in the Foreign and Political 
Department No. 499-1, dated the 7th September 1927, the Hon’ble the 
Agent to the Governor General, with the previous sanction of the Gover¬ 
nor General in Council, is pleased to direct that the rules regulating the 
possession and transport of petroleum, published in this office Notifica¬ 
tion 2 No. 741, dated the 23rd May, 1923, shall apply mutatis mutandis 
to the possession and transport of Acetone, Wood Naptha and Methyl 
Alcohol. 

f Gazette of lndia 3 1927, Pt. II-A., p. 418.] 


Carbide of Calcium Rules, 1923. 

CONTENTS. 

Part I. —Importation ok Carbide of Calcium. 
Applicable to Maritime Provinces. 

Part II.— Of Possession and Salk ok Carbide of Calctum. 

1. Carbide of calcium to be “ commercially pure.” 

2. Conditions of possession and sale without license. 

3. Licenses for possession. 

4. Storage of carbide of calcium. 

5. Situation of storage buildings. 

6. Construction of storage buildings. 

7. Arrangements in storage buildings. 

7A. Method of disposal, if wetted, while being stored. 

8. Licenses for possession. 

9. Continuance of license. 

10. Fee for license. 

11. Renewal of license. 

12. Date of, and fee for, application for renewal. 

13. Packing and making on sale by retail vendor. 

M, Packing and opening by retail vendor. 


1 Printed infra , p. 257. 
* Printed supra, p. 212. 



The District oe Abu.— {VI l L — Order* under Acts locally applied.) 243 


Part III. —Transport op Carbide op Calcium. 

1. Conditions of transport without license. 

2. Conditions of transport under license. 

3. Conditions of transport by railway. 

4. Special precautions. 

5. Method of disposal, if wetted in transit. 

0. Conditions of transport by passenger train. 

7. Transport licenses. 

8. Grant of general transport license, 
i). (Irani of special transport license. 

10. Fee for general transport license. 

11. Application for general transport license. 

12. Continuance of general transport license. 

13. Application for special transport license. 

U. Continuance of special transport license. 

15. Fee for special transport license. 

It). Issue and contents of passes. 

17* Validity of license granted in another province 


Part IV.— Inspection. 

1. Powers of inspecting officers. 

2. Requisition of samples* 

3. Facilities to be* afforded to inspecting officers* 

4. Inspection during transit. 


Part V.—General. 

1. Description and marking of vessels, 

2. Hefusul of license* 

3. Report ot accident* 

4* Procedure on death or disability of licensee. 
5, Doss of license. 

0* Levy of license-fees* 

7. Production of license* 




244 The District of Abu. — (VIII.—Orders under Acts locally applied.) 


No. 106, dated the 29ih January, 1923 .—In exercise of tlie powers 
conferred by section 9 of tie Indian Petroleum Act, 1899 (VIII of 1899), 
as applied to tie District of Abu, and with, tie previous sanction of tie 
Governor General in Council, the Hon’ble the Agent to the Governor 
General in Rajputana is pleased to make the following rules to regulate 
the possession and transport of carbide of calcium 1 in the Abu District. 


Rules to regulate the importation, possession and transport of carbide of 
calcium in the District of Abu. 

Part I.—Or Importation op Carbide op Calcium. 

Applicable to maritime Provinces . 

Part II.— Of Possession op Carbide op Calcium. 

1. Carbide of calcium to be te commercially pure.” —No carbide of 
calcium shall be kept at any place, with or without a license unless it is 
(t commercially pure/ 3 i.e., unless it contains no impurities liable to 
generate phosphoretted or siheiuretted hydrogen so as to render the gas 
evolved liable to ignite spontaneously. 

2. Conditions of possession and sale without license. —No license shall 
be required for the possession of carbide of calcium (i) in any quantity 
not exceeding five pounds if it is kept in separate vessels, such contain¬ 
ing not more than one pound, of the nature described in, and labelled 
as required by, rule 1 of Part V; (it) in any quantity exceeding five 
and not exceeding twenty-eight pounds where the following conditions 
are observed and the vessels containing it are labelled as required by 
rule 1 of Part V; — 

(a) the carbide shall be kept only in metal vessels hermetically 

closed at all times when the carbide is not actually being 
placed in or withdrawn from such vessels; 

(b) the vessels containing carbide shall be kept in a dry and well 

ventilated place; 

(o) due precautions shall be taken to prevent unauthorized person 
from having access to the-carbide; 

(d) notice shall be given of such keeping to the licensing authority 
referred to in rule 8 of this Part, and free access shall be 
afforded to any duly authorized inspector to inspect the 
portion of the premises where the carbide is kept and the 
generator, if any, is situated. 

1 For the application of provisions of the Indian Petroleum Act, 1899, to 
carbide of calcium, see Notification No. 2425—790-Intl., dated the 27th November, 
1922, Printed infra, p. 256. 





The District of Abu. —(FZ/Z .—Orders under Acts locally applied .) 245 


Where a fixed generator is used on the premises— 

( e ) full and detailed instructions as to the care and use of the 
generator shall be kept constantly posted up in such place 
as to be conveniently referred to by the generator attendant. 

Where it is desired to keep a greater quantity or where the above 
conditions cannot be complied with, application must be made to the 
licensing authority for a license. 

3. Licenses for possession .—Carbide of calcium in any quantity 
exceeding twenty-eight pounds may be kept only under a license to 
possess carbide of calcium granted under these rules. Every application 
for such a license shall be in Form A in the schedule, and where the 
applicant proposes to engage in the manufacture of acetylene gas, the 
generating apparatus to be used by the licensee must, if manufactured in 
British India, have been examined by such competent authority as the 
Local Government or Administration of the province of manufacture 
may from time to time specially authorize in this behalf, and. certified 
by it to be suitable; or, if imported, must either have been so examined 
and certified, or be of a type approved by the Committee on Acetylene 
Generators appointed by the Department of His Majesty’s Inspector of 
Explosives, London. 

4. Storage of carbide of calcium .—Notwithstanding anything con¬ 
tained in rule 3 of this Fart, carbide of calcium may, with the special 
permission of the Local Government, and on such conditions as may 
he fixed by it, be stored without a license in premises provided for the 
purpose. 

Noth.— This rule is intended to be applied only in the case of Port Trust and 
similar premises. 

5. Situation of storage .—Carbide of calcium shall be 

stored,— 

(1) if in quantities aggregating not more than four hundred and 

fifty pounds—in a suitable uninhabited building at least 
twenty feet away from any other premises: provided that 
quantities not exceeding two hundred and twenty-five 
pounds may be stored in place connected with a shop at a 
distance of at least ten feet from other premises; 

(2) if in quantities aggregating more than four hundred and fifty 

pounds and not more than three thousand pounds—in a 
suitable uninhabited building at least forty feet away from 
any other premises; 

(3) if in quantities aggrogating more than three thousand pounds 

and not more than fifty tons—in an uninhabited building 
at least one hundred feet away from any other premises. 

Not more than fifty tons of carbide of calcium shall be stored in any one 
building. 




246 The District or Abu. —(F/77 .—Orders under Acts locally applied.) 


6. Construction of storage buildings —Evei’y building for the storage 
of carbide of calcium shall be— 

(a) constructed with stone, brick or iron walls, with terraced, tiled 

or iron roofs, and with tiled, payed or cemented, or iron 
(or steel) floors raised at least a foot above the ground level, 
and 

( b) well ventilated and water-tight to the satisfaction of the 
licensing officer. 

7. Arrangements %n storage buildings .—Carbide of calcium shall be 
stored only on lacks or trestles standing at least one foot above the level 
of the ground, and no articles of an inflammable or combustible nature 
shall be kept in the same building. 

7A. If any carbide of calcium becomes wetted while being stored it 
shall be destroyed by immersion in deep water under instructions from 
the licensing authority. If, however, deep water is not available, the 
wet carbide of calcium shall be spread out in the open in an isolated 
position, all precautions being taken to prevent lights being brought 
near until the material has given off all its gas. 

Note. —The fact of carbide calcium having become wot will be indicated by 
the outward appearance of the drum, and probably by a disagreeable odour showing 
a leakage of gas. 

8. Licenses for possession. —Licenses to possess carbide of calcium 
shall be in Form B in the schedule, and may be granted by the District 
Magistrate or any Magistrate of the first class, or by such other officer 
as the Local Government may, from time to time, by an order in writing, 
appoint in this behalf. 

*9. Continuance of license. —Every license for the possession of carbide 
of calcium shall remain in force until 31st December next following the 
date of issue of the license: provided that the licensing officer may, at 
any time, for good and sufficient reasons cancel any such license. 

10. Fee for license.’— The fee for a license to possess carbide of calcium 
shall be five rupees. 

11. Renewal of license .—Every application for the renewal of a 
license to possess carbide of calcium shall be made in the same manner 
as an application for an original license. 

12. Dale of , and fee for , application for renewal .—Every such appli¬ 
cation shall be made at a date not less than fifteen days prior io the date 
on which the original license expires. The fee charged for the renewal 
of a license shall be three rupees. 

13. Racking and marking on sale by retail vendor. —Every retail 
vendor of carbide of calcium, selling any quantity exceeding half a pound 

.—-.T -. - —-. .- 

1 Substituted, by Notification No. 680, dated the 12th May, 1928. Ornette of 
India, 1928, Pt, if, p. 865. 





The District op Aitu.—(F777 .—Orders under Acts locally applied.) 247 


to a purchaser, shall deliver it to him in an air-tight tin or drum, 
packed and marked in accordance with these rules, and hearing the name 
of the vendor plainly printed on the package. 

14. Packing and opening by retail vendor .—Every retail vendor shall 
keep Ins carbide of calcium in a receptacle which can be easily opened 
and closed again so as to he air-tight, and shall open for the purposes of 
sale, not more than one receptacle at a time. 

Part ill.—T ransport op Carbide ok Calcium. 

1. Conditions oj transport without license .—No license shall he re¬ 
quired for the transport of carbide of calcium in any quantity not 
exceeding five pounds if it is packed in separate \easels, each containing 
noi more than one pound, of the nature described in, and labelled as 
required by, rule I of Part V. 

2. Conditions of transport under license .—Carbide of calcium in any 
quantity exceeding five pounds may be transported only under a license 
to transport carbide of calcium granted under these rules, and shall not 
be deposited at any time during transit in any building other than a 
building fulfilling the requirements of rules 5 and 0 of Part II, and 
shall not bo atonal in any such building except in accordance with the 
conditions as to storage prescribed by rule 7 of Part II. 

Conditions of transport by railway - -Notwithstanding anything 
contained in rule 2 of this Part, carbide of calcium, while in the posses¬ 
sion of a railway for transport, shall not be stored in any railway goods 
shed, but shall be stacked in the open under waterproof sheets and so 
placed as to prevent its getting wet. 

4. Special precautions.^ All lights shall be kept away from carbide 
of calcium stacked as provided in rule 3 of this Part. 

6. Method of disposal if wetted hi transit .—Tf any carbide of calcium 
is wotted while in the possession of a railway for transport, it shall be 
destroyed by immersion in deep water. If, however, deep water is not 
available, the wet carbide of calcium shall bo spread out in the open 
in an isolated position, all precautions being taken to preventlights being 
brought near until the material has given off all its gas. 

0. Condition of transport by passenger tram .— (/) Where carbide of 
calcium is transported by passenger train, no quantity exceeding fo**r 
hundred and fifty pounds shall be carried by any one train end the 
vehicles shall be well ventilated and as far as possible water-tight, 

(#) In no eivemmstanoes shall a waked lamp or other unprotected 1 arti¬ 
ficial light be taken into a wagon, vessel or conveyance containing carbide 
of calcium. , , : 

7* Transport licenses Incenses to transport carbide of calcium shall 
be either general or special in Iform 0 or Form 1) m the schedule, and 




248 The District of Abu. — (VIII.—Orders under Acts locally applied.) 


may be granted by the District Magistrate or any Magistrate of the first 
class, or by such other officer as the Local Government may, from time 
to time, by an order in writing, appoint in this behalf. 

8. Grant of general transport license. —A general license to transport 
carbide of calcium may be granted only to a person who holds an annual 
license to possess a quantity exceeding four hundred and fifty pounds of 
carbide of calcium. 

9. Grant of special transport license. — A special license to transport 
carbide of calcium may be granted to any person for a particular consign¬ 
ment at the discretion of the licensing officer. 

10. Fee for general transport license. —The fee for a general license 
to transport carbide of calcium shall be three rupees. 

11. Application for general transport license. —An application for a 
general license to transport carbide of calcium shall state— 

(а) the number and date of the license to possess carbide of calcium 

held by the applicant; and 

(б) the period of currency of that license. 

x 12. Continuance of general transport license. —A general license to 
transport carbide of calcium shall remain in force until the 31st Decem¬ 
ber next following the date of issue of the license. 

13. Application for special transport license. —An application for 
special license to transport carbide of calcium shall state— 

(a) the place from which the carbide of calcium is to be trans- 

ported; 

(b) the place to which it is to be transported; 

(c) the number of drums or cases; 

(d) the quantity in each drum or case; 

(e) the name and address of tbe consignee; 

(/) whether the consignee has a license to possess carbide of cal¬ 
cium sufficient to cover the amount transported; and 

(g) the date on tfhich it is proposed to despatch the consignment, 

14. Continuance of special transport license. —A special license to 
transport carbide of calcium shall be in force for such period, not exceed¬ 
ing one month from the date of the grant of the license, as may be 
specified on the same. 

15. Fee for special transport license. —The fee for a special license 
to transport carbide of calcium shall be one rupee* 

16. Issue and contents of passes.— The holder of a general license to 
transport carbide of calcium shall, with each consignment conveyed 

1 Substituted by Notification No. 680, dated the 12th May, 1923. Gazette o/ 
India, 1223, Ft* 32, p. 865. 





The District op Aru.—( VIII.—Orders under Acts locally applied.) 249 


under cover of Ms license, issue a pass in Form E in the schedule 
specifying— 

(а) the places from and to which the carbide of ealciurn is to be 

transported; 

(б) the quantity of carbide of calcium covered by the pass; 

(c) the name and address of the consignee; and 

(d) whether the consignee has a license to possess carbide of 

calcium sufficient to cover the amount transported, 

17. Validity of license granted vn another province .—Carbide of 
calcium may be transported within the District of Abu under cover of 
any license granted by the prescribed authority in any other province, 
provided that the conditions of such license are observed throughout the 
period during which the carbide of calcium is m transit. 

Part IV.—Op Inspection. 

1. Powers of inspect my officers. —The District Magistrate, or any 
Magistrate subordinate to the District Magistrate appointed by Inna in 
this behalf by order in writing, or any police officer of or above the rank 
of Inspector appointed by the District Magistrate in this behalf by order 
in writing, or any other officer appointed by the Local (Government in 
this behalf, may at any time enter any promises in respect < f which a 
license to possess carbide of calcium has been granted, for the purpose 
of inspecting the same. 

2. Requisition of samples. —Any officer so inspecting may require a 
sample or samples to be delivered to him from any drum or case of carbide 
of calcium stored in the premises inspected. 

3. Facilities to he afforded to inspecting officers.—The licensee of any 
premises inspected shall personally or through a representative show to 
the officer so inspecting every place and every vessel in which carbide of 
calcium in his possession is kept, deliver any samples required, and give 
such assistance as that officer may require. 

4. Inspection during transit. —Where a license to transport carbide 
of calcium has been granted, any officer authorised under rule 1 of this 
Part may, at any time and on or before the arrival of the carbide of 
calcium at its destination, board any ship or detain any conveyance, 
used for such tr« nsport, for the purpose of inspecting the license granted 
for the transport the consignment or the pass issued by the licensee 
and seeing whethe the ptvnsiors of these rules and the conditions of the 
license have been e mptied with. 

Part V>~ 

I* Description and marking of vessels .*—Where carbide of calcium-*- 
■ (as)is imported or kept at any plfcoe after seven ■ (Jays from the date 
of its importation, or 




250 The District of Abu. — (VIII.—Orders under Acts locally applied .) 


(6) is transported, or 

(o) is sold or exposed for sale, 

it shall Be contained in substantial hermetically closed metal vessels, 
each containing not more than two hundred and twenty-four pounds, 
having no copper in their construction and having attached to them 
labels stating in conspicuous characters the words— c ‘ Carbide of cal¬ 
cium—dangerous if not kept dry,” together with the following caution: — 

ee The contents of tins package are hable , if hi ought into contact with 
moisture , to give off a highly inflammable gas .” 

and with the addition,— 

(d) in the case of a vessel kept, of the name and address of the 

consignee or owner; 

(e) in the case of a vessel transported, of the name and address 

of the sender; and 

(/) in the case of a vessel sold or exposed for sale, of the name 
and address of the vendor. 

2. Refusal of license. —A licensing officer may, for reasons to be 
reported to the Local Government, refuse a license in any case, the 
reasons for refusal being communicated to the applicant if a request to 
that effect is preferred by him; and the Local Government may, on 
receipt of such report and of any representation made to it by the appli¬ 
cant, pass such orders on the case as it thinks fit. 

3. Report of accident. —Any explosion or accident occurring in con¬ 
nection with the importation, transport, possession or gale of carbide of 
calcium shall be reported by the person in charge of the same for the 
time being without delay at the nearest police station. 

4. Procedure on death or disability of licensee .—Where a licensee 
dies or becomes insolvent or becomes mentally incapable or otherwise 
disabled, the person carrying on the business of such licensee shall not be 
liable to any penalty or forfeiture under the Act or these rules for 
acting under the license during such time as may reasonably be necessary 
to allow him to make an application for a new license in his own name 
for the unexpired portion of the original license. Suet new license shall 
be granted on payment of one rupee. 

5. Loss of license .—Where license granted under these rules is lost or 

accidentally destroyed, a duplicate may be granted on payment of a fee 
of eight annas. , , 

6. Levy of license-fees.-** The fee chargeable under these rules shall 
ordinarily be levied by means of impressed stamps. An application for 
the grant or the renewal of a license shall bear the proper stamp : 
provided that,, if the application is refused/ the value of the separate 




The District oe Abu.— (VIII.—Orders under Acts locally applied .) 251 


stamp (if any) wliich may have been already provided by the applicant 
for the desired license or renewed license minus the deductions prescribed 
by section 54 of the Indian Stamp Act, 1899 (II of 1899), may be re¬ 
funded to the applicant. An application should not be made on the 
stamped paper intended for the license or renewed license; but where 
this has been wrongly done, the value of the stamp may be refunded 
minus — 

(/) the value of the stamp which should have been affixed to the 
application, and 

(?/) the deductions prescribed as aforesaid. 

Where the fees leviable under these rules have been made over to 
any Local body, tbe fees shall be paid in such manner as that Local 
authority may from time to time direct. 

•7. Production of license .—Any person holding a license or acting 
under a license granted under these rules shall be bound to produce the 
same when (‘ailed upon to do so by any Magistrate or Police officer of or 
above the rank of an officer in (‘barge of a police station. 


THE SCHEDULE 


.Form: A. 

Ttegr. No. 

Application to the of for a license to possess carbide 

of calcium . 

Name in full of applicant with particulars of his residence* 

If a firm or company, its name or that of its Agent or Secretary. 
Situation of building for which the license is required. 

Quantity to be covered by license. 

Is the carbide for use or for sale unopened in the vessels in which it 
is received, and, if not, what will be done with it? 

In what vessels will the carbide be kept, what is the capacity of the 
same, how are they closed against moisture, and of what material are 
they made? 

In what part of the building will the carbide be Icepi? 

How are the premises constructed? 

Are the premises used for other purposes, and, if to, for what purpose?? 
Is the carbide to be used for t^e manufacture of acetylene gas? 

How ie the generator constructed, and what is iti;capacity? Give 
sketch* 

K 


IV 



252 The District of Abu. —(’ VIIL—Orders under Acts locally applied .) 


Give particulars *as to the building in which the generator will be 
placed, and state whether it is detached from other buildings, and whether 
it is used for other purposes. 

How is it proposed to dispose of che residue ? 

Will the generator be in the sole charge of a person competent to- 
manage it? 


Signature of applicant. 
Postal address. 


Dated 


Form B 
No. 

A license to possess not more than pounds 

of carbide of calcium at any one time in the building described on the 
reverse is hereby granted to , 

subject to the rules and conditions endorsed hereon. This license shall 
continue in force till, and become void after, the 

(Description of the building referred to be on the back of this license.) 


Signature 

of 


Dated 19 . 

Endorsement on Form B . 

Botes. 

[Here enter rules 1, 2, 3, 5 to 14 of Part II, 1 to 3 of Part IV, and 1 to T 

of Part V.] 

Conditions . 

This license is given subject to the provisions of the Indian Petroleum 
Act, 1899 (VIII of 1899), and the abovementioned rules for the posses¬ 
sion and sale of carbide of calcium made thereunder. 

2. If the licensing officer or any officer appointed under rule 1 of Part 
IV calls on the license-holder, by notice in writing, to execute any 
repairs to the building licensed which may, in the opinion of such officer, 
be necessary for the safety thereof, the license-holder shall execute thfr 
repairs within such period, not being less than one week from the date* 
of receipt of the notice, as may be fixed by the notice. 



The District of Abu. — (VIII.—Orders vnder Acts locally applied.) 253 


3. Subject to the provisions of rule 2 of Part II, tlie licensee shall 
not deliver any quantity of carbide of calcium exceeding twenty-eight 
poun Is to any one who has not a license under section 11 of the Act, or 
any quantity of such carbide of calcium exceeding half a pound, except 
in accordance with the rules as to the manner # in which carbide of 
calcium is to be packed. 

4. Yessels containing carbide of calcium shall be opened only for the 
time necessary for the removal of any quantity of carbide of calcium or 
for the refilling of other vessels. During such removal or refilling every 
reasonable precaution shall be adopted for preventing moisture being 
brought into contact with the carbide of calcium, as well as for guarding 
,against the risk of ignition of any gas which may be liberated, 

5. Every storage vessel of a greater storage capacity than two pounds 
shall be secured with a lock or be kept in a locked receptacle, so fete 
prevent unauthorised persons having access to the contents. 

6. Due precaution shall at times be taken for the prevention of ac¬ 
cidents from fire and no .smoking, light, or fire in any form shall be 
permitted at any time within or near the building in which the carbide 
of calcium is stored. 

7. If carbide of calcium is used for the manufacture of acetylene gas, 
4he following precautions for ensuring safety shall be adopted. 

(а) The apparatus used must, if manufactured in India, have been 

examined by*-and certified by it to be suitable, 

or, if imported, either have been so examined and certified 
or be of a type approved by the Committee on Acetylene 
Generators appointed by the Department of His Majesty’s 
Inspector of Explosives, London. 

(б) Every appai'atus for generating and storing acetylene gas other 

than a portable apparatus holding a charge of less than 
two pounds of carbide of calcium shall be placed in an out¬ 
building which shall be separated as far as may be practi¬ 
cable from any inhabited building and shall be well venti¬ 
lated. 

( c ) No fire or such artificial light as would ignite inflammable gas 
shall be taken into or near the building, in which a gas- 
making apparatus is placed. 

8. Every apparatus (including generator and gas holder) used tot the 
snamtfacture of acetylene gas shall, as far as practicable, be constructed 
And Used so as to provide against special risk, that is to say:— 

(a), Copper shall not be used in any part of the apparatus, 

(h) The yarious parts shall be of adequate strength. 

' ' ' r ♦Wet rule 8 of Vvebtt. ' ~ 

%% 


254 The District or Abu. — iyill.—Orders under Acts locally applied^ 


(c) The escape of gas from the apparatus shall be carefully 
guarded against. 

(< d ) Satisfactory provision shall be made against the dangerous 
development of heat. 

(e) Satisfactory provision against undue pressure shall be made 
by the employment of an adequate safety valve connected 
with a pipe discharging into the open air and a suitable 
pressure gauge shall be attached to the apparatus. 

(/) Provision shall be made for the residue of the carbide of cal¬ 
cium being mixed with at least ten times its bulk of water 
on being removed from the apparatus. 

(g) No person shall have charge of an apparatus unless he has been 
properly instructed in its management. 


Form C. 

No. 

A general license to transport 
pounds of carbide of calcium by rail, by road or by water, 

, is hereby granted to 
, subject to the rules and conditions endorsed 

hereon. 

This license shall continue in force till, and become void after, the 


Signature 


Dated the 19 , of 

Endorsement on Form C • 

BuiiES* 

[Here enter rules 1, 2, 6 to 8, 10 to 12 and 10 of Part III, rule 4 of 
Part IY, and rules 1 to 7 of Part V,] 

Conditions. 

1* This license is given subject to the provisions of the Indian Petro¬ 
leum Act, 1899 (VIII of 1899), and the abovemention'ed rules for IBS 
transport of carbide of calcium made thereunder. 

2. Where the carbide of calcium is conveyed by steamer, it shall be 
stored in any such part of the steamer and in such manner as may be 
approvied by the licensing officer. 




The Distjrict of Abu. —(F777 .—Orders under Acts locally applied.) 255 


3. Where the carbide oJ' calcium is conveyed by rail, it shall be 
subject to all the regulations which may, from time to time £ be prescribed 
generally or specially in that behalf by the railway authority of the line 
over which it is conveyed. 


]?oum D. 

No. 

A special license to transport pounds of carbide 

of calcium from to is hereby 

granted to , subject to the rules and conditions 

endorsed hereon, and by the following route, namely: — 

The weight of carbide of calcium in eacli package shall not exceed 
This license shall continue in force till, and become void after, the 
day of 19 . 

Signature 


Dated the 19 . of 

Endorsement on Form D . 

Pules. 

[Here enter rules 1, 2, fj, 7, 9 and 33 to 15 of Part III, rule 4 of Part 
IV, and rules l to 7 of Part V ] 

Conditions . 

1. This license is given subject to the provisions of the Indian Petro¬ 
leum Act, 1899 (VI1T of 1899), and the aboveimmtioned rules for the 
transport of carbide of calcium made thereunder. 

2. Where the carbide of calcium is conveyed by steamer,, it shall be 
stowed in any such part of the steamer and in such manner as may be 
approved by the licensing officer. 

3. Where the carbide of calcium is conveyed by rail, it shall be 
subject to all the regulations which may, from time to time, be prescribed 
generally or especially in that behalf by the railway authority of the 
line over which it is conveyed. 


PottM ' IS. 

No. 

This pass covers packages containing pounds of 

carbide of calcium being the property of (consignee's name) 
while in transport from to 

The said (consignee's name) lias a license to 

possess carbide of calcium sufficient to cover the amount bhovementionecL 

Dated the 19 , . Holder of General license No. 

{Gazette of India, 1925, IX, p> 218*] 




256 The District of Abu. — (VIII.—Orders under Acts locally applied.) 


Application of rules for carbide of calcium to calcium phosphide. 

No. 107 , dated the 29th January , 1923 .—In exercise of the powers 
conferred by section 9 of the Indian Petroleum Act, 1899 (VIII of 1899), 
as applied to Calcium Phosphide in the District of Abu by the notifica¬ 
tion 1 of the Government of India, in the Foreign and Political Depart¬ 
ment, No. 2426-790-Intl., dated the 29th November, 1922, the Hon’ble 
the Agent to the Governor General in Raj put ana, with the previous 
sanction of the Governor General in Council, is pleased to direct that, in 
so far as they are applicable, the rules regulating the possession and 
transport of carbide of calcium published with the notification of this 
Agency No. 106, dated the 29th January 1923, shall, mutatis mutandis , 
and with the exception of rule 1 of Part II of those rules, be the rules 
regulating the possession and transport of calcium phosphide in the said 1 
District. 


[Gazette of India , 1923, Pt. II, p. 226.] 


Application of provisions of the Act to carbide of calcium. 

No. 2425-790-Intl ., dated the 27tJi November , 1922 .—In exercise of th* 
powers conferred by section 22 of the Indian Petroleum Act, 1899 (VIII 
of 1899), as applied to the District of Abu, the Governor General in 
Council is pleased to apply to carbide of calcium the provisions of sec¬ 
tions 8 to 15, 17, 18, 23 and 24 of the said Act, and to prescribe that } 
for the quantity of petroleum mentioned in section 11 of that Act, such 
quantity or quantities of carbide of calcium shall be substituted as may 
be prescribed by the rules for the time being in force relating to the 
possession and transport of carbide of calcium. 

\Gazette of India 9 1922, Pt. I, p. 1405.] 


Application of provisions of the Act to calcium phosphide. 

No. 2426-790-Intldated the 27th November , 1922 :—In exercise of 
the powers conferred by section 22 of the Indian Petroleum Act, 1899 
(VIII of 1899), as applied to the District of Abu, the Governor General 
in Council is pleased to apply to calcium phosphide the provisions of 
sections 8 to 15, 17, 18, 23 and 24 of the said Act, and to prescribe that, 
for the quantity of petroleum mentioned in section 11 of that Act, such 
quantity or quantities of calcium phosphide shall be substituted as may 
be prescribed by the rules for the time being in force relating to the 
possession ana transport of calcium phosphide. 

[Ga&ette of India , 1922, Pt. I, p. 1406.] 


1 Printed below. 



The District of Abu. — (VIII.—Orders under Acts locally applied.) 257 


Application of the Act to Acetone , Wood Naphtha and Methyl Alcohol* 

No. 499-1., dated the 7th September , 1927. —In exercise of tlie powers 
conferred by sub-section (1) of section 22 of the Indian Petroleum Act, 
1899 (YIII of 1899), as applied to tbe District of Abu, tlie Governor 
General in Council is pleased to apply all tbe provisions of tbe said Act 
to eacb” of tbe following substances, namely: — 

1. Acetone, 

2. Wood Naphtha. 

3. Methyl Alcohol. 

['Gazette of India , 1927, Pt. I, p. 892.] 


Indian Registration Act, 1908. 

Appointment of Inspector General , Registrar and Sub-Registrar and 
constitution of District and Sub-District. 

No. 4552 , dated the 14th September , 1918. —In exercise of the powers 
conferred by sections 3, 5, 6, and 7 of the Indian Registration Act, 1908* 
(XVI of 1908), as applied to tbe District of Abu, tbe Agent to the 
Governor General is pleased to issue the following orders: — 

(1) Tbe District Magistrate of Abu shall be tbe Inspector General 

of Registration for tbe aforesaid District. 

(2) For the purposes of tbe Act, the District of Abu shall form 

a District and a Sub-District. 

(3) Tbe District Magistrate of Abu shall be the Registrar of the 

District, and the office of tbe District Magistrate shall be the , 
office of the Registrar, 

(4) The Tahsildar, Abu, shall be the Sub-Registrar for tbe Sub- 

District of Abu and the office of the Tahsildar shall be the 
office of the Sub-Registrar. 

[Gazette of India , 1918, Pt. II, p. 1702.] 

Exemption of certain leases . 

No. 4550, dated the 14th September , 1918 exercise of the power* 
conferred by the proviso to section 17 (1). of the Indian Registration 
Act, 1908 (XVI of 1908), the Agent to the Governor General, Rajpuiana, 
is pleased to exempt from compulsory registration leases executed in the 
District of Abu, the terms granted by which do not exceed 5 years, and 
the annual rents reserved by which do not exceed i>0 rupees. 

I Gazette of India, 1918, Pt. II, p.1762.] 




258 The DrsxitiCT of Abu. —(7777 .—Orders under Acts locally applied .) 


Registration fees . 

No. 4715-A. — S5 , dated the 6th November , 7915.—In exercise of the 
powers conferred by section 78 of the Indian Registration Act, 1908 
(XVI of 1908), as applied to the District of Ahu, the Agent to the 
Governor General in Rajpntana is pleased, with the approval of the 
Governor General in Council, to prescribe for the aforesaid District, the 
following table of fees * — 


Table of fees leviable under the Indian Registration Act, XVI of 7905. 

ARTICLE 1. 

The Act divides documents into two classes:— 

Class 1.—Those the Registration of which is obligatory under section 17. 
Class 2 —Those the Registration of which is optional under section 18. 


First Class 

1. Instruments of gilt of immoveable property: — 

When the value of the gift expressed in the instrument does not 

exceed Rs. 100. 

Exceeding Rs 100 but not exceeding Rs 500 

,, ,, 500 but not exceeding Rs. 5,000 

„ ,, 5,000 but not exceeding Rs. 10,000 

». ,, 10,000 but not exceeding Rs. 25,000 

„ ,, 25,000 but no-t exceeding Rs. 50,CKX) 

„ ,, 50,000 but not exceeding Rs. 75,000 

,, ,, 75,000 but not exceeding Rs. 1,00,000 

Over ,, 1,00,000 . 

When the value is not expressed. 


Rs. A. P. 

0 8 0 
2 0 0 
4 0 0 
0 0 0 
8 0 0 
10 0 0 
12 0 0 
16 0 0 
20 0 0 
10 0 0 


2. Lease of immoveable property from year to year or reserving a yearly rent: — 


When the rent per annum entered in the lease does not exceed 

Rs. 100. . 

Exceeding Rs. 100 but not exceeding Rs. 500 . 

Exceeding Rs. 500 . . . „ „ . . * 

When the rent is not stated. 


Rs. a. p. 

0 2 0 
0 4 0 
0 8 0 
2 0 0 


8. Other non-testamentary instruments which purport or operate to create, 
declare, assign limit or extinguish whether in present or in future, any right, title 
or interest whether vested or contingent of the value of one hundred rupees and 
upwards, to or in immoveable property — 

Rs. A. *. 


When the value of the right, title or interest, as stated in the In¬ 
strument does nob exceed Rs. 200 . 

Bxceeding Rs. 200 but not exceeding Rs. 500 . ♦ 

,, „ 500 but not exceeding Rs. 2,500 

,, „ 2,500 but not exceeding Rs. 5,000 

„ 5,000 but not* exceeding Rs. 10,000 

,, n 10,000 but not exceeding Rs. 50,000 

„ „ 50,000 but not exceeding Rs. 1,00,000 

Over „ 1,00,000 . , . . - , * 

When the value is not expressed .. 


10 0 
2 0 0 
4 0 0 
6 0 0 
8 0 0 
10 0 0 
16 ,0 0 
20 0 0 
10 0 0 












The District of Abu. —(F 111.—Orders under Acts locally applied.) 259 


4. Nan-testamentary mstiuinents winch acknowledge the leceipt or payment of 
any consideration on account of the creation, declaration, assignment, limitation or 
extinction of any such right, title or inteiest: — 

Us. A. P. 

When the considei ation money as stated in the instiument does not 


exceed Rs. 200 . .100 

Exceeding Rs. 200 but not exceeding Rs. 500 . . 2 0 0 

5 3 33 500 but not exceeding Rs. 2,500 . . 4 0 0 

3 > 3 , 2,500 but not exceeding Rs. 5,000 . . 6 0 0 

33 33 5,000 but not exceeding Rs. 10,000 . . 8 0 0 

,3 3 ? 10,000 but not exceeding Rs. 50,000 . . 10 0 0 

13 ,, 50,000 but not exceeding Rs. 1,00,000 . . 16 0 0 

Over „ 1,00,000 . 20 0 0 

5. [Written authorities to adopt not conferred by Will . .400 


SECOND CLASS. 

1. instruments (other than instruments of gift and wills) which puiport or 
operate to cieato declare, assign, limit or extinguish, whether m present or in 
future, any right, title or interest, whether vested or contingent, of a value less 
than Its. 100 to or m immoveable propeity — 

Rs. a. y. 

When the value of the right, title or instrument as stated in the 

instrument does not exceed Rs. 50 . 0 4 0 

Exceeding Rs. 50 . . .. 0 8 0 


2. Instruments acknowledging the receipt or payment of any consideration on 
account of the creation, declaration, assignment, limitation or extension of any 
such right, title or interest: — 

Rs. A, P. 

When tlie consideration money, etc., does not exceed Rs. 50 . . 0 4 0 

Exceeding Rs. 50 . ,....0 8 0 


3. Leases of immoveable property for any term not exceeding one year and 
leases exempted under section 17 : — 

Rs. A. P. 

When the rent per annum entered in the lease does not exceed 


Rs. 100 .020 

Exceeding Rs. 100 but not exceeding Rs. 500 . . . . 0 4 0 

„ ,, 500 but not exceeding Rs. 1,000 . , , . 0 8 0 

..Rs. 1,000 . . < . 10 0 

When the rent is not stated.4 0 0 


Nom—If a patta or lease be given to a raiyat and the kabuliut or counterpart 
of such patta or lease be brought for registration at the same time as the patta or 
lease, the fees chargeable m respect of the two documents shall not be greater than 
the fee which would have been charged on the patta alone. 


4. Instrument?? which purport or operate to create, declare, assign, 
extinguish any right, title or interest to or in moveable property: — 

When the value of the property is expressed in the instrument and 

does not exceed Rs. 50. 

Exceeding Rs. 60 but not exceeding Rs, 100 

„ „ 100 but not exceeding Rs, 200 , . , 

„ „ 200 but not exceeding Rs. 500 ♦ , 

„ „ 500 but not exceeding Re, 2,500 

„ „ 2,500 but not exceeding Rs. ' 6,000 

.. .. 5,000 but not exceeding Rs. 10,000 , * 

10,000 but not exceeding Rs. 50,000 ; , . 

50,000 but net exceeding Rs. 1,00,000 , * 

JRa. * » 




77 1 ^ , 

When tb« Tftlna is not expreswd 


limit, or 
Rs. A. V, 


0 2 0 
0 4 0 
0 , 8 0 
10 0 
2 0 
4 0 
6 0 
8 0 
10 , 0 
16 0 


10 0 q 

















260 The District of Abu. —(17/77 .—Orders under Acts locally applied.) 


Rs. A. P. 

5. Wills: — 

On deposit of sealed coyer under section 42, Act, XVI of 1908 . . 2 0 0 

On application under section 44 for withdrawal of sealed cover de¬ 
posited under section 42 . 2 0 0 

On application under section 46 for opening a deposited sealed cover 2 0 0 


Note. —A chaige at the rate prescribed in Article IX is to be made for copying 
into the register book the contents of such sealed cover. 

US. A. P. 

On the registration of Wills.2 0 0 

6. (a) For safe custody of any non-testamentary document in the safe 

* of a Registrar.200 

(For return of any such document deposited for safe custody in the 

safe of a Registrar).200 


7. Deeds, bonds, contracts, or other documents.— 

When the amount is expressed and does not exceed Rs. 60 
Exceeding Rs. 60 but not exceeding Rs. 100 

„ ,, 100 but not exceeding Rs. 200 

„ „ 200 but not exceeding Rs. 600 

,, „ 600 but not exceeding Rs. 2,600 

„ „ 2,600 but not exceeding Rs. 6,000 

,, „ 10,000 but not exceeding Rs. 60,000 

„ „ 60,000 but not exceeding Rs. 1,00,000 

Exceeding.Rs. 1,00,000 

When the value is not expressed ..... 


0 2 0 
0 4 0 
0 8 0 
10 0 
2 0 0 
3 0 0 
6 0 0 
8 0 0 
16 0 0 
10 0 0 


8. For the registration of a Power-of-Attorney or any other document 
registerable under clause (/), section lg. Act XVI of 1908, which 
cannot be brought under the ad valorem scale prescribed by the 
immediately preceding clause of this table.2 0 0 


ARTICLE II. 


For authentication of a Power-of-Attorney under section 33, Act, XVI of 1908— 

Rs. A. P. 

If such power be general.200 

If special.100 

ARTICLE III. 

Rs. A. P. 

On discretionary registration by a Registrar under section 30, Act 
XVI of 1908, an additional fee of.4 0 0 


Note.—T his additional fee is not payable on the deposit of Wills; nor shall 
it be levied when the instrument is taken for registration to the Registrar in 
consequence of the Sub-Registrar being unacquainted with the language in which 
it is written; nor when a deed is registered by the District Registrar in conse¬ 
quence of the Sub-Registrar being a party interested in the transaction to which 
such deed relates. , 


ARTICLE IV. 


R$. a. P. 


For filing a translation . ..100 


ARTICLE V. 


Seaechinq of begisxbbs. 
For the first hour or part of such hour . 

For each subsequent hour or pari of ah hour . 


10 0 
0 8 0 


^om-When a Registering Officer is called upon by a Judicial Officer to search 
registers in order to ascertain whether a particular property is encumbered or not, 
he shall do so free of charge. 










The Distkict of Abtj.— (VIII.—Orders under Acts locally applied.) 261 


ARTICLE VI. 


For the attendance by a Registering Officer under sections 31, 33, or 38, at a 
private residence or a jail, or for the issue of a commission under section 33 or 
38, Act XVI of 1908. 


(a) When a satisfactory certificate is produced as to sickness or 
infirmity or when the person to be examined is confined in jail 

a fee or. 

(5) When the woman to be examined is exempted from personal 
appearance under section 132, Code of Civil Procedure, Act V 
of 1908, a fee of. 

(c) When the person to be examined is exempted from personal 

appearance under section 133 of the Code of Civil Procedure, 
1908, a fee of . 

(d) In all other cases. 


Rs. A. P. 

5 0 0 

5 0 0 

16 0 0 
10 0 0 


Note A.—In addition to this fee, travelling allowance at the following rates 
is to be levied for all distances exceeding one mile from the Registration Office: — 

In the case of Covenanted and Military Commissioned Officers, eight annas a 
mile by road, 

In the case of all other registering officers or of Commissioners if appointed, 
four annas a mile by road. 

Noth R.—The costs of a visit or a commission for the examination of a person 
exempted under section 133 of the Code of Civil Procedure, Act V of 1908, shall 
be paid by him unless the party requiring his evidence pays such costs. 

Noth C.—The distance for which travelling allowance is charged shall be 
calculated according to the table which is drawn up in the Magistrate’s Office 
for the service of processes. 


ARTICLE VIL 

When, under section 30, Act XVI of 1908, application is made to the District 
Judge to issue a summons, the process fee ordinarily payable on the issue and 
service of a summons by such Court is to be levied from the person at whose* 
instance the application is made, and forwarded along with that application. 

ARTICLE Vin. 

The remuneration of witnesses is to be fixed by the registering officer with 
reference to the rules for the time being in force under order XVI, rule 2 ; Code 
of Civil Procedure, Act V of 1908, and must bo forwarded with the application 
for the issue of summons. When, however, the person summoned is the person who 
has executed the instrument, remuneration should not be allowed him. 


ARTICLE IX. 


Making or granting copies of reasons, entries, or documents before, on or afteir 
registration:-— 


Rs. A. p. 

Documents in the Urdu language of under— 

100 words. .,010 

ISO words ...... ,..,,020 

250 wprds..0 3 0' 

350 words . * . , . , . . , « . . 0 4 0 

450 words . , . , , . , 1 , , , 0 6 0 

500 wprds , , . . * ..... ; o 7 o 

600 word* . * . . * , . , . , . . 0 8 0 

000 words.. . , , , . 0 1? 0 

1,200 Word# * . . ♦ , . 1 0 O' 
















262 Tiik District of Abtt. — {VIII .— Ordeis under Acts locally applied.) 


Documents in English, Hindi, or any other language, under— 

50. 

100 . 

200 . 

300 . 

400 . 

500 . 

600 . 

700 .*. 

750 . 


Rs. A. P. 

0 10 
0 2 0 
0 4 0 
0 6 0 
0 8 0 
0 9 0 
0 11 0 
0 14 0 
10 0 


Note A,—Copies of reasons granted before registration are those which in 
cases of refused Registration are under section 76, Act XVI of 1908, to be given on 
application made by any person executing or claiming under the documents. 

Note B.—The entering of instruments in the appropriate registers at the time 
of registration is to be paid for at the rate prescribed in Article IX, and any 
copies or copying of an instrument necessary under sections 64, 65 and 66 of Act 
XVI of 1908 are to be paid for at that rate at the time of registration of the 
instrument. 

Note C.—When application for a copy under section 57, Act XVI of 1908, 
necessitates a search the fee prescribed by Article V is to be levied m addition to 
that chargeable under Article IX. 

Note D —Government officers who may require to search the registers or take 
copies of entries m the registers for bond fide public purposes will be exempted 
from the payment of the fees under Articles V and IX on a certificate being granted 
by the Collector or Registrar that the information is required solely in the 
interest of Government. 

ARTICLE X. 

Unclaimed documents deposited by a Registrar in his safe will be surrendered 
only on payment of a fee of four annas per mensem, for each month, or portion of 
month, during which they have been held in custody, subject to a maximum of 
wo rupees. 

Note. —The date from which such period shall be calculated shall he seven days 
after the date on which the document was ready for return to the person present¬ 
ing it. 

ARTICLE XI. 

When the value of an instrument is expressed m pounds sterling or pounds 
currency the value of such money shall he calculated in the currency of British 
India according to the following scale * — 

One pound sterling or pound currency is equivalent to Fifteen rupees. 

[Gazette of India, 1018, Pt. II, p. 2006.] 


Indian Lunacy Act, 1912. 

Courts to send Lunatics to the Asylum at Agra or Lahore, 

* * * I am directed to invite a reference to the notifications in 
the Foreign and Political Department Nos. 222-1. B., 1 and 2282-1. B., 8 
dated the 1st October 1917, and 262-1. B., s dated the 10th February, 
1913 by which the Indian Lunacy Act, 1912 (IV of 1812), has bean, 
applied to the District of Abu and to the British Cantonments and rail¬ 
way lands within the limits of the Fajputana Agency. 

1 now Notification No. 264-1., dated the 24th April, 1929. Printed supra, 

p. i 

* acw’NotifiojttiOT' No. 268-1., dated the 24th April, 1920. Printed Voh 
V0I, North Central Division, tinder ** Acte locally appEed . 
















Tiie District of Abxj.— (VIII* — Orders under Acts locally applied.) 263 

2. In pursuance of these notifications and in supersession of the 
orders contained in the Home Department letter No. 641/642, dated 
the 24th July, 1906, the Governor General in Council is pleased to direct, 
in exercise of the power conferred by section 85 of the Act, as applied 
to the District of Abu, the Cantonments of Erinpura, Kherwara and 
Kotra, and the Railway lands in the Rajputana Agency that Magis¬ 
trates of Courts exercising jurisdiction within the said District, Canton¬ 
ments and Railway lands may send lunatics to the lunatic asylum at 
Agra in the United Provinces or to that at Lahore in the Punjab. 

[Letter of the Government of India in the Home Department No. 442, 
dated the 29th October, 1917.] 

Wild Birds and Antmals Protection Act, 1912. 

Close time. 

No. 4868 , dated the 1st Avgust, 1924 .—In exercise of the powers 
conferred by section 3 of the Wild Birds and Animals Protection (Act 
VIII of 1912), as applied to the District of Abu, the Hon’ble the Agent 
to the Governor General is pleased to make the following rules for the 
protection of wild birds and animals within the Abu Leased Area. 

I. No person shall be allowed within the Abu Leased Area to cap¬ 
ture, kill, sell or buy, or offer to sell, or buy or possess, during the time 
mentioned in the second column of the schedule hereto annexed, any 
wild bird or animal of the kind mentioned in the first column thereof, 
nor shall any person during such time sell or buy, or offer to sell or buy 
or possess the plumage, eggs, fur, horns or skin of any such bird or 
animal during such close time. 

Schedule. 

All kinds of game birds, e.g. 9 par- 16th March to 15th September in- 
tridges, Sand-grouse and quail of all elusive, 
kinds, spur fowl and jungle fowl. 

Hares, deer and antelope , . 1st April to 15th September in¬ 

clusive. 

Does, peafowl, Blue Pigeon, stags The whole year, 
m velvet, and Sambhar stags carry¬ 
ing horns less than 34 /y in length. 

[Gazette df India , 1924, Pi. II-A, p. 255*] 

Indian Coitpanim Act, 1918. 

Appointment of Registrar and Assistant Registrar; office df Registrar 

and Sub-Registrar* 

No. dated the THh January, exercise of the powers 

conferred by sectioh 248 (2) end (2) of the Indian Companies Act, 193$ 



264 The District of Abu. — (VIII.—Orders under Acts locally applied.) 


(VII of 1913), as applied to the District of Abu, the Agent to the Gover¬ 
nor General is pleased to issue the following orders: — 

(1) The District Magistrate of Abu shall be the Registrar of the j 

District and the office of the District Magistrate shall be* 
the office of the Registrar for registration of companies. 

(2) The Tahsildar, Abu, shall be the Assistant Registrar for the 

District of Abu and the office of the Tahsildar shall be* 
the office of the Sub-Registrar for registration of companies. 

[' Gazette of India , 1925, Pt. II-A, p. 35.] 

Indian Motor Vehicles Act, 1914. 

Abu District Motor Vehicles Rules , 1919. 

No. 830 , dated the 12th May, 1920. —In exercise of the powers con¬ 
ferred by section 11 of the Indian Motor Vehicles Act, 1914 (VIII of 
1914), as applied to the District of Abu, the Hon’ble the Agent to the 
Governor General in Rajputana is pleased to make the following rules for 
the regulation of Motor Vehicles let or plied for hire in the District of 
Abu. 

1. (1) These rules may be called the Abu District Motor Vehicles 
Rules, 1919. 

(2) They shall apply to the whole of the District of Abu. 

(3) Definitions. —In these rules (a) “ registering authority ” shall 
mean the District Magistrate of Abu; (6) “The Act” shall mean the 
Indian Motor Vehicles Act, 1914 (VIII of 1914); (c) the expression 
“ motor cycle ” means a two, three or four-wheeled cycle propelled by 
mechanical means, fitted with neats, but without a carriage body and 
weighing not more than 5 cwt.; (d) the expression “ heavy motor 
vehicle” means a motor vehicle exceeding 2 tons in weight unladen; 
(e) the expression “ the Abu Road ” shall mean the metalled road be¬ 
tween Kharari Railway Station and the Abu Motor Transport ancT 
Company's office; (f) “ Hight ” means the period commencing half an 
hour after sunset and ending half an hour before sunrise. 

2. Driving Licenses. —(1) A license to drive a motor vehicle shall be 
granted by the District Magistrate to any person, who can satisfy him 
that he is a competent and careful driver* 

(2) Such license shall be valid throughout the District of Abu. 

(3) A driving license granted in accordance with any rule in force for 

the time being in any province of British India shall be valid up 1 to the 
date of its expiry in the district of Abu* . , 

3. Fees for Licenses .'—The fee for licenses granted under rule 2 (1); 
*hall be:— - 

” (&f For % driving license Re, 4* 



The Distbict of Abu.— (V1U.—Orders under Acts locally applied.) 265 


(b) For each renewal of a driving license Us. 2. 

(c) For a duplicate license Re. 1. 

4. Period of Licenses. —Every driving license shall remain in force 
for a period of twelve months from the date on which it was granted, 
but shall he renewable, and the same provisions shall apply to the renewal 
of the licenses as apply to the grant thereof. 

5. Registration. —No motor vehicle shall be used unless it has-first 
"been registered by the registering authority, but any motor vehicle which 
has already been registered under the Act in any province of British 
India shall be deemed to have been registered, 

6. Fee for Registration. —The fee for registration shall be four rupees 
for motor cycles, sixteen rupees for motor vehicles of two tons and under 
and thirty-two rupees for motor vehicles exceeding two tons: 

Provided that (1) there shall be no fee for registering motor vehicles 
which have already been registered outside the District of Abu under 
the Act; (2) motor vehicles of the Rajputana Mountain Motor Service 
■shall be registered free of charge, and (3) steam rollers, fire-engines and 
fire-escape tenders need not be registered. 

7. Distinguishing numbers .—The registering authority shall assign 
a distinguishing number to the motor vehicle with the name ** Abu ” 
in front. 

8. Particulars as to distinguishing numbers. —(a) Numbers assigned 
. ,to motor vehicles shall be shown in white on a black ground. 

(b) The numbers shall be of the following dimensions:— 

Height of each figure 3$ inches, uniform thickness f inch, each 
figure occupying a space of 2£ inches with 1 .inch between 
each-figure, and a margin of £ inch at the top, bottom and 
sides of the plate: 

Provided that in the case of motor cycles the number may be not less 
than two-thirds of the above dimensions. 

(c) The numbers shall be painted on a plate rigidly affixed in a 
conspicuous place on the front and back of the motor vehicle and on the 
back of any trailer: 

Provided that the number for the back of a motor vehicle or trailer 
may be painted on any conspicuous smooth surface, such as the petrol 
tank, that may be available for the purpose, instead of on a plate. , 

(d) No number shall in any way be obscured or rendered or allowed 
to become, not easily discernible at a reasonable distance. 

(e) In the case of a motor tricycle or motor bicycle the front number 

plate shall have duplicate faces and shall be fined to the front of the 
• cycle so that from Whichever side the cycle ip viewed the letters or figures 
;On one or ether face of the plate may lie easily distinguishable from the 
•'front'of the cycle* ’ " ’ 1 1 • 1 



266 The District of Abu. — {VIII,—Orders under Acts locally applied!) 


9. Registration .—The registering authority shall establish and keep 
a register (hereinafter referred to as the “ Register of Motor Vehicle ") 
for the registration of motor vehicles in which the name and address of 
the owner together with a description of the vehicle will be recorded. 

10. Requirements before registration .—Before registering a motor 
vehicle the registering authority shall be satisfied— 

(a) that it is provided with two independent brakes or other means 

of stoppage in good working order and of such efficiency 
that the application of either is capable of promptly stop¬ 
ping the motor vehicle whether going forwards or back¬ 
wards ; 

( b ) if such motor vehicle is propelled by steam, that— 

(i) it is so constructed as to consume its own smoke as far as 
practicable; 

(ii) it is fitted with an efficient “ spark arrester ”; 

(c) if such motor vehicle is propelled otherwise than by steam, 

that it is so used that no smoke or visible vapour is emitted 
therefrom except from any temporary or accidental cause. 

11. Before registering a heavy motor vehicle the registering authority 
shall also satisfy himself that the tires of the wheels of the vehicle, if 
the tires are not pneumatic, or are not made of a soft or elastic material, 
are of such dimensions as may be prescribed from time to time by such' 
registering authority in this behalf. 

12. Transfer of ownership .—Every transfer of ownership and every 
temporary transfer of possession of a motor vehicle shall forthwith be 
intimated to the registering authority both by the registered owner and 
by the transferee : 

Provided that no intimation shall be required for temporary transfers 
for a period* not exceeding one month. 

The word “ transferee ” includes the purchaser, dealer, auctioneer, 
receiver, agent, repairer or any person who* may be in temporary charge 
of the vehicle for the time being. 

13. IntimaMon of change of circumstances .—*1 f any circumstances 

(other than those mentioned in rule 12) occurring in relation to any 
motor vehicle, affect the accuracy of any particulars entered as regarde 
that car in the Register of motor vehicles, the, owner of the motor vehicle 
shall forthwith iniorm the registering authority. , 

14. Subsequent defects, the District Magistrate at any time 
after a motor vehicle has been regist&rad considers thtyi it has ceased to* 
comply with the requirements of the Act or these rules or that it has 
not mm maintained in such a condition as to prevent danger to t 
phblio he may after notice to the registered owner direct that the regie* 




The District of Abit. — (V111.—Orders tinder Acts locally applied.) 267 


tration be cancelled until such time as the defects are rectified to his- 
satisfaction* 

15. General Rule of the road .—(1) A motor vehicle shall be driven in 
accordance with the rules of the road which require a vehicle to keep 
on the left of the road except when passing* horses and other vehicles 
going in the same direction which should be passed on the right. 

(2) The driver of a motor vehicle when turning into a side street, if 
to the left shall keep close to the corner, if to the right shall make a wide 
curve. He shall further when about to turn to the right signal his inten¬ 
tion by holding out his right hand horizontally to the right of the 
vehicle, and when about to stop by raising his hand vertically, palm to 
the front. 

16. Speed limits .—No motor vehicle shall be driven at a greater speed 
than ten miles an hour except upon the Abu Road: 

Provided that in such places as the District Magistrate may think 
necessary he may indicate by means of notice boards that the speed shall 
not exceed six miles an hour or such higher rate as may be shown on the 
board. 

17. Upon the Abu Road between the Abu Police Station and the 4th 
mile stone, and in the Kherari bazar limits no motor vehicle shall be 
driven at a speed exceeding 15 miles an hour by day and 10 miles an 
hour at night. On other parts of the Abu Road the speed shall not* 
exceed 20 miles an hour except between 13th mile stone and the northern 
end of the Kherari bazar, when it shall not exceed 25 miles an hour. 

18. The speed at which a heavy motor vehicle is driven shall not 
exceed 12 miles an hour. 

19. Restriction on use of motor vehicles within the Abu District 
No motor vehicle shall be driven anywhere within the District of Abu 
except on the Abu Road. 

Provided that (1) on first arrival for or final departure after a bond 
fide visit to Mount Abu for the purpose of residence any person may be 
conveyed in any motor vehicle excepting a motor bicycle to and from 
his residence. (2) The Hoifble the Agent to the Governor General in 
Rajputana may by special order exempt any motor vehicle wholly or* 
partly from the operation of this rule. 

Nom—A motor bicycle is by this role sbsolutely prohibited frbifc 1feeding 
under its own power anywhere within the District except on the Abu Road. 
It may however be conveyed to destination of the owner or elsewhere by any' 
means other than its own power. 

20. Motor vehicles to carry horns.-~'Etve>ry person driving a motor 
vehicle shall hate ready and available for, iwaedmte use a suitable deep- 
toned horn, or, in the ease of'a, heavy mpior vehicle, a suitable gong T 
capable of giving audible and sufficient yarning of his approach ox posi- 




•268 The District of Abu. — {VIII, — Orders under Acts locally applied,) 


tion, and shall sound the same whenever expedient to prevent danger to 
any of the public. No warning device shall be used upon a motor 
vehicle unless it has first been approved of by the District Magistrate. 

21. Electric devices, etc. —No electric or mechanical devices for 
magnifying the sound, no sirens, whistles, multiple horns or devices of 
a like nature shall be used on a motor vehicle except on the Abu Road. 

22. Motor vehicles to carry lamps. —No person shall drive a motor 
vehicle at night unless— 

(1) special permission has been granted on each occasion by the 

District Magistrate; 

(2) the motor vehicle is provided with lights as follows: — 

1. In the case of heavy motor vehicles and of motor cars and of 
•motor trieycles and in the case of motor cycles with side-cars attached— 

(а) One lamp showing a white light in front shall be affixed on 

each side of the front portion of the vehicle; and such 
lamps shall be fixed at the extreme limit of the car’s width. 
In the case of motor cycles with side-cars one lamp should 
be fixed on the cycle and one on the front of the side-car; 

(б) One lamp showing a red light at the rear and showing a white 

light at the side shall be affixed at the back of the vehicle 
in such manner as to illuminate with the white light and 
render easily distinguishable the number of the vehicle. 
In the case of a motor cycle with a side-car, such lamp 
shall be attached to the motor cycle. 

2. In the case of motor cycles without side-cars— 

One lamp showing a white light in front and so fixed as to illuminate 
and render clearly visible the numbers on both sides of the front num¬ 
ber plate shall be attached to the front portion of the vehicle and one 
lamp showing a red light to the rear shall be attached at the back of 
the vehicle: 

Provided that in lieu of the red lamp mentioned in sub-rule 2 there 
may be substituted a red reflector so constructed and attached to the 
vehicle in such manner as to reflect a red light from any light carried 
on another vehicle approaching from behind. 

3. In all cases — 

(а) The lamps shall be of suitable character and illumination; 

(б) The lamps shall be kept properly alight. 

23. Maintenance. —No person shall drive a motor vehicle— 

(a) unless it is at all times under full control So as to prevent 
undue interference with passenger or other traffic, and un¬ 
less it is maintained in such a condition as to prevent danger 
to the public; 



The District of Abu. — (Till.—Orders under Acts locally applied.') 2 £ 9 * 


( b ) if such motor vehicle is propelled by steam, unless 

(£) it is so constructed as to consume its own smoke as far as* 
practicable, 

(%%) it is fitted with efficient “ spark arresters, 53 

(o) if such motor vehicle is propelled otherwise than by steam, 
unless it is so used that no smoke or visible vapour is 
emitted therefrom except from any temporary or accidental 
cause. 

24. Standing in Streets , etc. —No motor vehicles shall be allowed to 
stand in any street or public place unattended by a person licensed under 
section 6 of the Act, unless all reasonable precautions have been taken 
to ensure that it cannot be put in motion in the absence of the driver, 
or if such motor vehicle is propelled by steam, unless its fires have been 
extinguished and it has ceased to contain in itself sufficient power to 
move. No driver shall leave such vehicle while the engine is in action. 

25. Tranelhng Backwards .—The driver of a motor vehicle shall not 
cause the vehicle to tx*avel backwards for a greater distance or time than 
may be requisite for purposes of safety or in order to turn round, and’ 
such movement shall not take place until such driver has ascertained that 
the road behind is clear of all traffic. 

26. Plying or letting for hire. —No motor vehicle shall be let or plied 
for hire within tbe limits of Abu District including the Abu cart road 
without an owner’s permit granted by the District Magistrate subject 
to such conditions and for such period as the Hon’ble the Agent to the 
Governor General in Rajputana may prescribe from time to time. The 
permit shall be in the form of Schedule A appended to these rules with 
such variations as the circumstances may require. 

27. The owner of a motor vehicle let or plying for hire shall, if so 
required by the District Magistrate, maintain a register in such form 
as the District Magistrate may direct showing tho name of the driver 
and the dates and hours on which the driver was in charge of the motor 
vehicle. 

28. Responsibility for conforming to Rules. —No person shall drive 
or have charge of or cause or permit to be used any motor vehicle which 
does not in all respects conform to these rules or which is driven or used 
so as to contravene any of these rules* 

29. Fomtw.—E very application for a license under section 6 of the 
Act stall contain, the particulars specified in Schedule B. 

80 Every license granted under section 6, of the Act shall he in. the 
form of Schedule 0, and shall‘he available for the 'whole of tbe District 
of Abu. ■ 

81. Every application for registration under section 10 of the Act 
shall contain the particulars specified in Schedule D. 




270 The District or Abu. — (VIII. — Orders under Acts locally applied.) 


32. Every registration certificate granted under section 10 of tlie Act 
shall be in the form of Schedule E, and shall be available for the whole 
of the District of Abu. 

33. Every transfer certificate granted under rule 12 shall be in the 
form of Schedule E. 

i - 


SCHEDULE A. 

(See rule 26.) 

Owner’s permit for motor vehicle let or plying for hire. 

Number of permit. 

By virtue of the powers vested in me by rule 26 of the rules published 
in Notification No. 463—13, dated the 24th March 1920, by the Hon’ble 
the Agent to the Governor General in Raj put ana, I grant to you 

residing at 

this permit on the conditions mentioned in 
the said rules* to let or ply for hire the motor vehicle numbered 
below from the date hereof till the 31st March 19 , unless this permit 
is previously cancelled or suspended. 


District. Magistrate, Ab'u. 

Dated Abu, the 19 . 

SCHEDULE B. 

(See rule 29.) 

Particulars to be given by applicant for License to drive. 

1. Bull name of applicant. 

2. Postal address of residence of applioant. 

3. Whether applicant is over eighteen years of age. 

4. Particulars of any license which applicant holds, or which' he has 
■previously held. 

5. Particulars of any endorsement on any license which applicant 
holds, or which he has previously held. 

6. Whether applicant has at any time been disqualified for obtaining 
-a license. If so, particulars as to the Court or Government by whom, 
the date oh which and the period for which the disqualification was 
■imposed. 


Signature., 

* Copy of rule 27 way be printed » aooompaniment to tie penult. 




Tins District of Abu. — (Till.—Orders under Acts locally applied.) 271 


SCHEDULE C. 

(See rule 30.) 

Form of driving license. 

Available for the whole of the District of Abu. No. of 19 

Fee Rs. 4 only. 

License to drive motor vehicles throughout the District of Abu is 
granted under section 6 of the Indian Motor Vehicles Act, 1914 to 

residing at 


District Magistrate, Abu. 


Abu* the 

19 


Date of Eapiry of license 

in 4ach year. 

Bate of renewal. 

Bate of expiry. 

Bistrict Magistrate’s Signature. 


19 . 



19 . 



19 . 



SCHEDULE D. 


(See rules 5 and 31.) 

Application for registration. 

1. Full name of owner. 

2. Postal address of usual residence of owner. 

3. Description of motor-vehicle (a) 

4. Maker’s name or name by which the motor vehicle is ordinarily 
known. 

5. Model of motor vehicle. 

6. Tear of manufacture. 

7. Colour of body. 

8. Number of seats. 

9. Number on ohassis. 

10. Number on engine.- 

(«) e.g>, motor oar, motor oyole# steam lorry, etc. 



272 The District of Abu.—(F777.— Orders under Acts locally applied.) 


11. Maximum speed. 

12. Number of Cylinders. 

13. Horse power. 

14. Whether intended for— 

(а) private use, 

(б) use for trade purposes, 

(c) use as a public conveyance. 

Additional for heavy motor vehicles. 

15. Weight unladen. 

[ front, 
rear. 

17. Diameter of wheels. 

18. Width and material of tyres. 


Date 


Signature of applicant. 


SCHEDULE E. 

(See rules 5 and 32.) 

! 4 Motor Cycle. 

16 Motor Vehicle weighing two tons or under. 

32 Motor Vehicle weighing more than two tons. 

Registration Certificate. 

Valid for the year ending 31st December, 19 . (Available for the 

whole of the District of Abu.) 

No. of 19 . 

Certified that the Motor Vehicle described hereunder has been ex¬ 
amined' and found fit for use. It has been registered in the name of 

residing at and has 

been assigned Number 

This number must always ’remain attached to the vehicle and must 
not be transferred to another vehicle. The person disposing of the 
vehicle as well as the person who takes it oyer is bound by rule 12 to 
report the fact to the undersigned. 

1. Kind of motor vehicle.* 

2. Maker’s name or name by which the motor vehicle is ordinarily 
known. 

3. Model, of motor vehicle. 

—:— V.J.Wt,'; ill ; t i__ -.,r i ...... , i i in. .1—— 

*•$.*., mofe&r ear, mjstot cycle, stem lorry, etc. 



The District or Abtj. — (VIII. — Orders under Acts locally applied.) 273 


4. Year of manufacture. 

5. Colour of body. 

6. Number of seats. 

7. Number on chassis. 

8. Number on engine. 

9. Maximum speed. 

10. Number of cylinders. 

11. Horse power. 

12. Whether intended for— 

(а) private use. 

(б) use for trade purposes. 

(c) use as a public conveyance. 

Additional for heavy motor vehicles. 

13. Weight unladen. 

! front. 

rear. 

15. Diameter of wheels. 

16. Width and material of tyres. 

District Magistrate, Abu. 

Dated Abu, the 19 

SCHEDULE E. 

(See rule 33.) 

Transfer certificate. 

Certified that motor No. standing in the name of Mr. 

has been transferred to the name of Mr. residing 

.at 


District Magistrate, Abm 

Date 19 . 

(Gazette of In&ia, 1920, Pt. II, p. 833.] 

Exemption of Military Motor Vehicles and Military Drivers. 

No. $43-0., dated the 11th February, 1924 .—In exercise of the povters 
conferred by sections 11 and 18 of the Indian Motor Vehicles Act, 1914 
(VIII of 1914), the Hon’ble the Agent to the Governor General is pleased 
to exempt all Military Motor Vehicles and all Drivers vrhb have been 
enlisted for Military service from the operation of such portions of the 



274 The District of Abo. — (VIII.—Orders under Acts locally applied.) 


Abu District Motor Vehicles Rules, 1919, published in his Notification 1 
No. 830, dated the 12th May 1920, as apply to registration and licensing. 

[Gazette of India, 3924, Pt. II-A., p. 71.] 


Indian Income-tax Act, 3922. 

Board of Inland Became, Abu. 

No. 1258-lnt., dated the 6th June, 1022. —In exercise of the powers 
conferred by sub-section (2) of section 5 of the Indian Income-tax Act, 
1922 (XI of 1922), as applied to the District of Abu, the Governor General 
in Council is pleased to direct that the Board of Inland Revenue shall con¬ 
sist of one member and to appoint as such member Mr. G. G. Sim, 
C.I.E., I.O.S., Joint Secretary to the Government of India in the Finance 
Department. 

[Gazette of India, 1922, Pt. 1, p. 658.] 

Appointment of Commissioner of Income-tax for the District of Abu. 

No. 603 — 644-1., dated the 17th April, 1023. — Not reprinted. 

[Gazette of India , 1923, Pt. I, p. 360.] 

Application of Indian Income-tax Buies, 1922, and of exemptions, re¬ 
ductions and other modifications in force in British India. 

No. 448-1., dated the 2nd September, 1925. —In exercise of the powers 
conferred by section 60-A. of the Indian Income-tax Act, 1922 (XI of 
1922), as applied to the District of Abu and in supersession of the noti¬ 
fication of the Board of Inland Revenue, No. 303-1. T., dated the 19th 
June 1922, and of the Government of India in the Foreign and Political 
Department No. 1257-Int., 'dated the 6th June 1922, the Governor Gene¬ 
ral in Council is pleased to apply to the District of Abu the Indian 
Income-tax Rules, 1922, and all exemptions, reductions and other modi¬ 
fications in force in British' India under section 60 of the Indian Income- 
tax Act, 1922, subject to any amendments to which the said Rules, 
exemptions, reductions and modifications may be subject in British India, 
and subject also to the modifications specified in the first proviso to the 
notification of the Government of India in the Foreign and Political 
Department, No. 2221-1. B., a dated the let October, 1917, and/to such 
further modifications, not affecting the substance, as may be necessary 
or proper to adapt the said Rules, exemptions, reductions and modifica- 
tiohs, to the District of Abu. ■ . 

[Gazette of India, 1936, Ft. X, p, 796.] _^ 

' A Printed supra, p. 264 . : . ; „ . , , 

"* See now Notification No. 264-1., dated the 24th April, 1929. Printed sutfia, 

p. 16 . 



The District o y Anti.—(F 111.—(hders under Regulations 275 
locally ayyhed.) 


VIII.—Orders under Regulations locally applied. 

Excise Regulation-, 1915. 

Rules. 

No. $642, dated the Lst October, 1917 .—In exercise of the powers 
vested in liim by tbe undermentioned sections of tbe Excise Regulation, 
1915 (Regulation I of 1915), as applied to the District of Abu and of 
all other powers enabling him in this behalf the Hon’ble the Agent to 
the Governor General is pleased to pass the following rules and orders 
under the respective vsections of the said Regulation noted against each: — 

Suction P>. 

I The following articles shall be deemed to be “ Ganja ”, “ Bhang ”, 
and “ Oharast” respectively: — 

u Ganja ” the dried flowering tops of the female hemp plant which 
have become coated with resin in consequence of being unimpregnated 
and therefore unable to set seeds freely. 

“ Bhang ” the dried leaves of the hemp plant whether male or female 
and whether cultivated or uncultivated. 

Oharas” the resinous matter formed on the flowering tops of the 
female hemp plant and collected separately. 

Section 4. 

II. With the previous sanction of the Governor General in Council 
it is hereby declared that the following shall for the purposes of the said 
Regulations be deemed to be “ Country Liquor ” and “ Foreign Liquor ” 
respectively: — 

44 Country Liquor All liquor other than rectified spirit, dena¬ 
tured spirit and perfumed spirit not included in the definition of 
4 4 Foreign Liquor 

“ Foreign Liquor ”. Any liquor other than rectified spirit, dena¬ 
tured spirit and perfumed spirit on which a duty of customs is leviable 
under Schedule III of the Indian Tariff Act, 1894 (VIII of 1894), or 
on which a duty of customs or excise is leviable at the rate imposed under 
that schedule on similar liquor imported by sea into British India. 

Section 5. ; ' 

III. It'is hereby directed that the undermentioned excisable articles 
shall be deemed to be sold retail when sold within the District Of Abu 
in quantities not exceeding those next hereinafter specified m respect 
H! them, viz, - ,r , 1 " 1 

Foreign liquor—Two Imperial gailbfis or twelve reputed quart 
bottles. 



276 The District of Abu. — (VIII.—Orders under Regulations 

locally applied.) 


Country spirit—One reputed quart bottle. 

Bhang or any preparations or admixture thereof—Half (i.e., J) 
seer of 80 tolas. 

Ganja or Char as or any preparation or admixture thereof—3 tolas. 

If sold in larger quantities they shall be deemed to be sold wholesale. 

Section 7 (a), (b), (c) and {A). 

IV. The following appointments and orders are hereby made under 
the provisions of section 7 (a), (b ), (c) and (d): — 

(1) The District Magistrate of Abu is appointed to be Excise Com¬ 
missioner and Collector of Excise Revenue for the District of Abu. He 
shall supervise the administration of the Excise Department and the 
collection of the Excise revenue subject to the control of the Agent to the- 
Governor General and exercise all the powers and perform all the duties 
conferred and imposed on a Collector by or under the Regulation. 

(2) The Tahsildar of Abu shall be the Superintendent of Excise- 
Revenue for the District of Abu and shall exercise all the powers and 
perform all the duties conferred and imposed on the Collector in sub¬ 
ordination to the Collector in respect of the supervision and management 
of the bonded warehouse in Abu. 

(3) The Superintendent of Excise is empowered to issue passes under 
section 11 of the Regulation for the transport of liquor issued from the 
Bonded warehouse. 

(4) (a) The Superintendent and the Inspector of Excise Revenue shall 
be Excise Officers under section 2 (6) of the Regulation for the purposes* 
of sections 21 (6), 48, 49, 50, 51, 52, 54, 61 and 69 of the Regulation 
(throughout the District of Abu). 

(6) The powers prescribed in section 55 of the Regulation shall be 
exercised by the Superintendent of Excise throughout the district. 

(o) Jemadars and peons of the Excise Department on duty within 
the District of Abu shall be Excise Officers for the purposes of sections 
48, 49, 50 to 62, and 69 of Regulation, and shall be liable to the punish¬ 
ments and exercise all the powers and discharge all the duties conferred 1 
and imposed on Excise Officers in the sections aforesaid. 

Nora.—Jemadars and peons have jurisdiction under section 52 of the Bego- 
lation throughout the District of Abu but all persons arrested and property 
seized under ike said section by tjiem shall without delay be made over to the- 
Excise Inspector. 

Section 7 (e) and (g). 

V. The following powers axe hereby delegated to the Excise Com¬ 
missioner and Collector i-r ‘ 

(1) To give leases and grant licenses under sectioh 18 of the Excise* 
Regulation. 




The District op Abu.— (VIII . — Oiders under Regulations 277 
locally applied .) 


(2) To appoint, promote, suspend, reduce, dismiss and otherwise 

punish all officers of the Excise Department below the rank' 
of the Inspector of Excise under section 7 (e). 

(3) To delegate to the Superintendent of Excise Revenue any 

powers conferred or duties imposed upon the Excise Com¬ 
missioner and Collector by or under the Regulation or 
exercised or discharged by him in respect of the Excise 
Revenue under any other law for the time being in force. 

Section 8. 

YI. With the previous sanction of the Governor General in Council 
the Agent to the Governor General is pleased to prohibit throughout the 
District of Abu: — 

(1) The import of Ganja, Bhang, Charas and all other preparations 
made therefrom not being in the personal possession of the importer 
and not in excess of the maximum quantity specified in the rules framed 
under sections 10 and 16 of the Excise Regulation otherwise than by 
rail through the Abu Road Railway Station and under the following 
conditions, namely: — 

(a) that the drugs shall be purchased from the Ajmer or Beawar 

drug farmer, the duty realised on them being credited to 
Abu revenue by book transfer at the close of the financial 
year. 

( b ) that the person importing the drugs or causing them to be 

imported shall import them under a pass issued by the 
Collector of Excise Revenue, Abu District, and endorsed 
by the Collector of Excise Revenue of Ajmer-Merwara and 
shall comply with the further conditions and requirements 
of the Excise Regulation or of the rules made under section 
62 thereof. 

(2) The transport of intoxicating drugs not being in the personal 
possession of the transporter and not in excess of the maximum quantity 
specified in the rules passed under sections 10 and 16 of the Excise Regu¬ 
lation from one place to another except in accordance with a pass granted 
under section 10 of the said Regulation. 

Nothing herein contained shall apply to the imports made by the Sirohi 
State for the State Excise Department passing through the district or 
brought for use at the liquor Bhop, maintained by the Sirohi State within 
^theiir jupsdictioh und$r a certificate issued by the Qollector pf Excise 
Revenue ift, Abu. 



278 The District of Abtj. — (T ; 777 .—(h tiers mulct Regulations 

locally applied.) 


Section- 10. 

VII, It is hereby directed that the following drugs shall not be im¬ 
ported into the District of Abu in excess of the quantities herein specified 
in respect of them without a pass issued by the Collector: — 

Bhang or any preparation or 4 chhataks or one quarter seer, 
admixture thereof. 

Ganja .One tola. 

Charas or any preparation or One tola, 
admixture thereof. 


Sections 10 and 1G. 

VIII. It is hereby directed that the quantities of excisable articles 
which may be transported and possessed in the District of Abu under 
the aforesaid sections shall not except when covered by a pass or license 
issued under the provisions of the Excise Regulation exceed the limit 
of sale by retail prescribed in the rules passed under section 5 of the 
Regulation. 


IX. Sections 2 (/#), 5, 9, 13, 10, 27 and 02. 

(1) Rules governing the import, sale, etc., of Cocaine .—In these rules 
unless there is anything repugnant in the subject or context: — 

( i ) The Collector shall mean the Collector of Excise Revenue, 

Mount Abu. 

( ii ) “ Qualified Medical Practitioner ” means a graduate in 

medicine of a recognised University in India, Europe or 
America, a medical practitioner eligible for registration in 
the medical register of Great Britain, a medical subordi¬ 
nate in Government employment not below the rank of Sub- 
Assistant Surgeon, a duly qualified dentist entitled to be 
entered in the dentists* section of the Medical Register 
aforesaid and any medical officer or any other person whom 
the Collector may direct to be admitted to the privilege of a 
medical practitioner for the purpose of these rules. 

(Hi) Cocaine means and includes Coca leaves, Alkaloids of Coca, 
every other intoxicating drink or substance prepared from 
the Coca plant (Erythroxylum Coca) and all drug synthetic 
or other having a like physiological effect to that of cocaine 
and every preparation and admixture of any of the above. 

(iv) a Incensed Chemist ” means a person who deals in European 
medicines and drugs as a means of livelihood and has been 
licensed with the approval of the! Ciidl Surgeon, Mount 
Abu, to sell cocaine. 



Tiie District or Abtt.— ( V 11 J.—Oulers under Regulations 279 
locally applied .) 


Import. 

(2) The import of Cocaine by means of the post is absolutely prohi¬ 
bited. Its import by other means is also prohibited except as specified 
in these rules. 

(3) The Collector at his discretion may issue licenses for the import 
of cocaine on application by licensed chemists and by medical practi¬ 
tioners. 


Cultivation, production and preparation. 

(4) The cultivation of the Coca plant and the production or prepa¬ 
ration of Cocaine is prohibited. 

Transport. 

(5) The transport of cocaine by means of the post is prohibited. Its 
transport by other means is also prohibited except as specified in these 
rules. 

(6) The transport of cocaine is permitted on behalf of licensed che¬ 
mists or medical practitioners under cover of a pass issued by the Collector 
and in such quantities and subject to such conditions as may be speci¬ 
fied therein. 

(7) When a licensee desire? to transport cocaine for export either to a 
Native State or to any other British territory he shall apply to the 
Collector for an export permit. The Collector on production of a non¬ 
objection certificate signed by the Political Agent or the District Col¬ 
lector, as the case may be, of the place to which it is proposed to export 
the drug may grant such application. 

(8) Transport on behalf of private persons is permitted only in respect 
of the quantities which they are authorised to possess under section Ifi 
of the Regulation. 

General. 

(9) The Agent to the Governor-General may by notification either 
wholly or partially and subject to such conditions if any as he may 
think fit to prescribe exempt any medicinal preparations of Cocaine or 
any class of such preparations from all or any of the provisions of these 
rules. 

(10) Nothing contained in these rules nor in those if any made under 
rule, 9 shall apply to import, cultivation, production, preparation or 
tranepcri on behalf of Government. 

(tjL) {f} 1 The Collector at Ms discretion may issue licenses for the 
possession and sale of Cocaine to druggists and chemists approved by the- 


‘280 The District oe Abu. —( Till.—Orders under Regvlations 

locally applied-.) 


Civil Surgeon, Mount Abu, and to qualified medical practitioners free 
of charge and in the forms prescribed by these rules. 

(ii) Licenses granted to druggists and chemists shall be renewed every 
year and those granted to qualified medical practitioners shall be for 
life unless such practitioners shall be debarred from practising or ceased 
to practise. 

(■ hi) The holder of a license shall purchase Cocaine from a licensed 
vendor or may import it in the manner specified in the foregoing rules. 

(iv) The quantity of Cocaine whether in a dry state or solution that 
may be possessed by licensed vendors and other persons shall be as 
follows: — 

(1) By a druggist or chemist in each case one ounce or less accord¬ 

ing to the standing of the firm and in special cases such 
larger quantity as may be sanctioned by the Collector. 

(2) By a qualified medical practitioner half an ounce and in 

special cases such larger quantity as may be sanctioned by 
the Collector. 

(3) By a private individual such qxiantity as may have been pre¬ 

scribed for his personal use by a qualified medical practi¬ 
tioner for bond fide medical purposes. 

(v) A licensee shall not sell or dispense Cocaine to any person other 
than a qualified medical practitioner or a druggist or chemist holding 
a license for the sale thereof except on a bond fide prescription of a 
•qualified medical practitioner. 

(i?i) Cocaine seized under the Excise Regulations shall be produced 
before the Magistrate before whom the prosecution is to be instituted. 
If confiscated by the order of the Magistrate it shall, after the final dis¬ 
posal of the case be forwarded (except in the case of Coca leaves which 
shall be destroyed under the orders of the Magistrate) to the Collector 
who shall send it to the Chemical Examiner for examination. 

(vii) The quantity declared by the Chemical Examiner to be unfit 
for use will be destroyed and that found to be fit for use will be returned 
by him to the Collector who will after meeting the requirements of the 
nearest Government medical dep&t make arrangements in cotnmtmica- 
tion with the Director General of the Indian Medical Service to distri¬ 
bute the excess to the depdts in other Provinces. Should any balance 
remain in hand after the, needs of Government depfite have been satis¬ 
fied it may be sold by the Collector to bond fidp > licensed vendors pf 
Cocaine drugs or to medical practitioners authorised to possess them 
jqk suitable prices and subject to the necessary precautions. 



The District of Abu.— ( VIII.—Orders 'under Regulations 281 
locally applied ) 


(mh) The total stock in hand at the end of the year will be reported 
to the Agent to the Governor General for the information of the Govern¬ 
ment of India. 

(ix) The Hon’ble the Agent to the Governor General may by notifi¬ 
cation either wholly or partially and subject to such conditions if any 
as he may think fit to prescribe exempt any medical preparations of 
Cocaine or any class of such preparations from all or any of the provi¬ 
sions of these rules. 

(a) Nothing contained in these rules nor in those if any made under 
rule (ix) shall apply to possession and sale on behalf of Government. 


Form: A. 

(xi) (i) License to chemists and druggists for the sale of Cocaine. 

I, Collector of Excise Revenue, 

Mount Abu, do hereby authorise Messrs. their heirs 

or assigns to sell Cocaine in their shop situated at 
subject to the rules framed under, sections 2 (ii), 9, 13, 27 and 62 and 
under sections 8 (ii), 5, 13, 16, 27 and 62 of the Excise Regulation (I 
of 1916) and to the conditions and restrictions mentioned hereunder: — 

(1) That Messrs. their heirs or assigns do not 

sell or keep or store Cocaine in any place except in the shop mentioned 
above. 

(2) That Messrs. shall be responsible for the acts 

and omissions of every person or persons employed by them in carrying* 
on the business of the said shop and of all their servants as if the said 
acts and omissions were their own. 

(3) That Messrs. shall purchase all Cocaine to* 

be sold under this license from a licensed vendor in India or shall, 
import it from foreign territory on a license granted by the Collector. 
Its import by means of post or by any other means except under a- 
license as aforesaid is prohibited. 

(4) That Messrs. shall not sell or dispense* 

Cocaine to any person other than a qualified medical practitioner or a 
druggist or chemist holding a license for the sale thereof except on and' 
in accordance with the prescription of a qualified medical practitioner. 

(6) That Messrs. . * shall not sell at one time or 

to one and the same person in the aggregate on any one day more than 
the quantity of Cocaine specified below: — 

*(i) To a qualified nxedical practitioner or a chemist or a druggist 
holding a license for sale, such quantity as he may be 
authorised under his license ip pos#es$. 




282 The District of Abu. — (Till.—Outers under Regulations 

locally applied.) 


(**) To a person producing a prescription from a qualified medical 
practitioner such quantity as may be specified in the said 
prescription. 

(6) The licensee shall keep in his shop and write up to date in a 
bound book paged and sealed with the Collector's seal in ar form pre¬ 
scribed by the Collector an accurate and regular account showing from 
time to time the quantities of Cocaine purchased, sold and dispensed by 
him, the date of each transaction and the name of the person from 
whom the purchase is made or to whom the Cocaine is sold or dispensed. 

(7) The licensee shall produce the said account together with all 
prescriptions upon which Cocaine has been sold or dispensed and this 
license and also any Cocaine that may be in his possession for inspection 
on demand by any Excise Officer not below the rank of Sub-Inspector 
or any Revenue Officer not below the rank of Tahsildar. 

(8) A half-yearly account of receipts and sales of Cocaine shall be 
submitted by the licensee to the Collector in the prescribed form on or 
before the 5tli of April or October. 

(9) A breach of any of the above conditions and restrictions will 
render the holder of this license liable to the cancellation of his license 
by the Collector and also to penalties under sections 83, 35 and 38 of 
the Excise Regulation (I of 1915). 

(10) This license shall continue in force till the 31st March 19 ■. 


Office of the Collector of Excise Revenue, 
Mount Abu. 


Collector of Excise Revenue, 
Mount Abu. 


Form B. 


(td) ( ii) Special license to qualified medical practitioner for the sale 
of Cocaine. 

I, Collector of Excise Revenue, Mount 

Abu, hereby authorise Mr. 

following the profession of medical practitioner at 
to sell Cocaine at his dispensary at 

subject to the rules, framed under sections 2 (ii), 9, 13, 27, and 62 and 
under sections 2 (ii), 5, 13, 16, 27, and 62 of the Excise Regulation 
(I of 1915) and also to the conditions and restrictions hereinafter men¬ 
tioned : . , i, | 

(1) The licensee shall purchase all Cocaine to he sold or dispensed 
under the license from a licensed vendor in India of shall import it 
from foreign territory on a license granted hy the, Collector. Its import 
by means of the post or by any other means except under, a license es 
•aforesaid is prohibited. 



The District of Abu. — (VIII.—Orders under Regulations 283 
locally applied.) 


(2) The licensee except when taking Cocaine from one place to 
another as hereinafter permitted shall not sell or keep or store Cocaine 
in any place except at his dispensary mentioned above. 

(3) The licensee shall be responsible for the acts and omissions of* 
every person employed by him in carrying on the business of the said 
dispensary and of all his servants as if the acts and omissions were his 
own. 

(4) The licensee shall not sell or dispense Cocaine to any person 
except on bond fide medical prescription from a qualified medical prac¬ 
titioner or upon his own prescription and in quantities specified in the 
said prescription. 

(5) The licensee shall not carry from place to place, in Mount Abu 
Cocaine in excess of 20 grains when it is in a diy state or in excess of 
2 drachms when it is in solution without a special permit from the 
Collector to cover such transport. 

(6) The licensee shall keep in his dispensary an accurate and regular 
account in the form proscribed by the Collector showing from time to 
time the quantities of Cocaine purchased, sold or dispensed by him. 

(7) The licensee shall produce the said accounts together with all 
prescriptions upon which Cocaine has been sold or dispensed and this 
license and also any Cocaine that may be in his possession for inspection 
on demand by an Excise Officer not below the rank of Sub-Inspector or 
any Revenue Officer not below the rank of Tahsiklar. 

(8) This license will hold good so long as the licensee continues to 
practise at the place specified in this license. 

(9) A breach of any one of the conditions and restrictions will render 
the holder of this license liable to the penalties under sections 33, 35, 
and 88 of the Excise Regulation (1 of 1915). 


Collector of Excise Revenue, 
Mount Abu. 


Office of the Collector of Excise Revenue, 
Mount Abu* 


The 19 , 

. Sikjtioks 22, 62 (h) (in). 

X* trader sections 22 and 02 (h) (ni) sixteen years is hereby pre¬ 
scribed as the age under which it shall be unlawful to employ children 
or to sell or to give to them any excisable articles* ( 



284 The District oe Abu. — (Vlll.—(h tiers under Regulations 

locally applied,) 


Section 24 (1). 

XI. The following duties shall be imposed on intoxicating drugs 
imported into the district of Abu: — 

(a) On Ganja a duty of Rs. 10 per seer; 

( b ) On Charas a duty of Rs. 18 per seer; and 

(c) On Bhang a duty of Rs. 6 per maund. 

Sections 62 (d), (e), (/), (g) and (h). 

XII. The following conditions are prescribed for the sale of spirits* 
in the district of Abu: — 


Part I. 

Conditions of auction sale of country spirit license . 

(1) The privilege of the sale of country spirits in the liquor shop at 
Mount Abu will be disposed of by auction. 

(2) A deposit of Rs. 50 must be made by each bidder previous to 
bidding and will be received at any time within three days previous 
to the date of sale. 

(3) An upset price will be fixed at the discretion of the Collector. 
The reserve price placed by Government on the shop will not be published 
but the average of the previous five years' consumption will be notified 
by the Collector of Excise if possible for the information of bidders. 

(4) Xo person will be allowed to bid for another unless he hoi da 
a power of attorney from him. 

(5) The officer conducting the sale may, at his discretion, refuse to 

accept the bid of any person on the ground that he has been convicted 
by a criminal court or has been guilty of such a breach of the condi¬ 
tions of a license or of a contract under the Excise Regulation, as to 
render him undesirable as a holder of a license, or on the ground that 
he is insolvent, or in order to prevent arrangements to the detriment 
of Government interests, or for any other valid reason which shall be 
recorded in writing. Bids which appear to the Collector to be of a 
speculatory nature or which do not reach the reserve price may be reject¬ 
ed at the discretion of the Collector. , 

(6) Subject to the provision of rules 4 and 6 the shop will be knocked 
down to the highest bidder. * 

(7) In case of dispute during the sale the selling officer's decision 
shall bfe final. If for any reason the highest , bid is rejected the next 
highest shall ,be taken or the shop re-sold at the selling officer's discretion. 



The District op Abu. — (VIII.—Orders under Regulations 285 
locally applied ,.) 


(8) As soon as possible after the auction is completed the deposits 
made by the unsuccessful bidders will be returned to them. As the 
auction proceeds, such person whose bid is accepted shall at once, if 
so required by the selling officer or otherwise at the close of the day’s 
sale, make a further deposit* of half a month’s rent (in addition to the 
deposit made under clause 3) for the shop unless the initial deposit 
equals or exceeds two months’ rent. Should he fail to do so the deposit 
made by him under clause 3 will be forfeited and the shop will be put 
up again on the above conditions or otherwise disposed of as the Collector 
may determine, and the defaulter will be debarred from bidding again. 

(9) The person to whom the shop has been knocked down and who 
has made deposits as provided in clauses 3 and 8 shall also deposit such 
further sum as with the former deposit make up two months’ rent (to 
be paid within 10 days from the date of communication of the Collector’s 
acceptance of the bid) and shall without unnecessary delay execute the 
necessary engagements and take out licenses on the conditions herein¬ 
after set forth. In the case of the purchaser’s death after signing the 
agreement it will be binding on his heirs and assigns. Should the initial 
deposits exceed the sum required to be deposited under this clause, the 
excess will he refunded unless the purchaser is required to deposit twice 
that sum under clause 10 %njra . 

(10) If on enquiry subsequent to sale the purchaser shall be found 
to be of doubtful solvency be may be required either to deposit twice 
the sum prescribed in clause 9 supra or to get a surety or sureties to 
execute a security bond for the due payment of all moneys that may 
become due by him under the terms of the contract. The bond shall be 
stamped (article 34, schedule 1, Act IT of 1899) and register at the 
expense of the purchaser if the amount secured exceeds Rupees one 
thousand. 

(11) On the failure of any person to make deposit under clause 9 or 
to comply with the requisition under clause 30 supra or to execute engage¬ 
ments and take out licenses as aforesaid the deposits already made 
may he forfeited and the shop be re-sold or otherwise disposed of at the 
discretion of the Oollector. 

(12) .Re-sales effected under clause 11 will be at the risk oi the de¬ 
faulting bidder who will forfeit all gain and in the event of a lose, trill 
be required to make good the deficiency between the total amount pay¬ 
able for the whole period under the terms of the original sale and the 
total amount payable by the successful bidder at the re-sale. In (he 
latter case the forfeited deposits will be deducted from the, lose arising 
from the re-sale aud the remainder if any will, be recoverable from the 

* Deposits may be in oash or other approved security. 

r. Q 



286 The District of Abu. — (VIII. — Orders undei Regulations 

locally applied.) 


defaulter in the same manner as if it were an arrear of land revenue. 
Should, however, the forfeited deposits be greater than the loss by re¬ 
sale the whole of such deposits will he credited to Government. The 
defaulting bidder will be similarly liable if the privilege is disposed of 
otherwise than by re-sale and such disposal results in loss to Govern¬ 
ment as compared with the original sale. 

(13) The purchaser of the privilege is liable to the penalties pre¬ 
scribed for breaches of the condition set forth below though a formal 
license may not have been issued to him. 

(14) The deposits referred to in clause 8 or 9 as the case may be 
will be taken as security for the due performance of the conditions of 
the license if the Collector and licensee so agree it may be credited 
towards the last instalment of the kists payable by the latter. 

Part II. 

General Conditions applicable to all Spirits and Fermented Liquor 

Licenses. 

(1) The limits within which sales under any Excise licenses may be 
carried on will be specified by the Collector at the time of the grant of 
the license. The sale or possession (except subject to the rules appli¬ 
cable to unlicensed persons) of spirit and fermented liquor outside those 
limits is prohibited. 

(2) Sales must be conducted in a suitable building of which the 
whole or part must be entirely set aside for use as a shop. If there are 
means of communication between the shop and an adjoining dwelling 
house, they must be kept locked at night. The shop should have only a 
single opening into a public road. But with the approval of a Collector 
and under a special license a separate private bar may be provided. The 
shop shall be so constructed that the interior, whether of a public or 
private, bar may be visible from its doorway. The entrance to a private 
bar shall bear a sign-board showing that it is a private bar. 

(3) Except in the case when two or more foreign spirit or fermented 
liquor licenses are held by one person, sales under each license issued 
must be in different premises (chemists and druggists and medical prac¬ 
titioners excepted). The possession upon any licensed premises of any 
spirit, fermented liquor, opium or intoxicating drug except that to which 
the license relates* or of any essence or substances used for or capable of 
flavouring liquor is prohibited. 

,(4) A sign-board must be affixed to the front of the shop showing 
the nature and number of the license under which sales are conducted 
fheW* the name of the licensee and (except in the case of foreign spirit 




The District ok Arc. — (YllL — (hdent under lieyulaHom 287 
locally applied.) 


and foreign fermented liquor) the current rate of sale. These parti¬ 
culars must be legibly painted in both the local vernacular and m English 
also. The license must be hung up in a conspicuous place within. 

(5) All spirit and fermented liquor sold or kept for sale shall be of 
good quality and unadulterated. Nothing shall be added to them either 
to increase their intoxicating power or for any other purpose. All 
officers authorised to inspect retail shops (vide- condition 28 infra) are 
authorised to detain any spirit and fermented liquor found unfit for 
consumption or use, or which they may believe to have been tampered 
with, and the Colled or of Excuse is empowered to destroy such as he 
may consider unfit for consumption or use. Tn such cases his orders shall 
be final. 

(6) The sale or transport of spirit, or fermented liquor by children 
below the age of 16 or persons suffering from leprosy or any contagious 
disease and the employment of such persons in shops for the sale of the 
same are prohibited. 

(7) No shops shall be opened before 7 a.m. oi kept open after 10 p.m. 
except under special authority. 

(8) No drunkenness, disorder, gaming or entertainments shall be 
permitted in shops. 

(9) No robbers or thieves or disorderly or riotous persons shall be 
harboured in shops. Intimation of their resort thereto shall be given 
without delay to the nearest Police Station or headman of the village. 

(10) No person shall be harboured in the shop during the night. 

(11) Shops situated on or adjacent to the line of march must be 

closed, if the Collector so orders, while a regiment or detachment of 

Native Soldiers is passing or is encamped in the vicinity. And the 
licensee shall be bound to close his shop on the occasion of a riot or dis¬ 
turbance on his own initiative. 

(12) The Collector may order the transfer of shops from one locality 

to another or their closure or the opening of new shops within limits 

as to number to be fixed by the Hon’ble the Agent to the Governor 

General in his discretion. But no new shops should be opened unless 
notice of the sites selected has been published locally three months 
before the commencement of the lease, and no such changes as affect 
the interest of adjacent shop-keepers shall be made during currency 
of a lease except under a special sanction of the Hoh^ble the Agent to 
the Governor General. The Collector may at any time permit the 
transfer of a shop within the limits notified for the shop in the sale 
notice- 

(18) The right is reserved to the Collector to grant Occasional 
Licenses for the sale of spirit or fermented, liquor on the occurrence 




288 The District oe Auu— (TILL—Orfleis avdet Regulations 

1 orally applied.) 


of fairs, etc., in places in the vicinity of which there are no regularly 
licensed shops. Such licenses shall ordinarily he granted to the shop¬ 
keepers who usually supply the locality. Their period shall not exceed 
ten days, and the fee to be paid therefor shall be fixed at the Collector’s 
discretion. 

(14) No spirit or fermented liquor shall be given to: — 

(i) any sailors or soldiers or the members of their families, 
except when supplied at licensed houses, refreshment rooms 
and shops which have been specially approved by the 
General Officer Commanding the Division (or Independent 
Brigade or the Officer Commanding the Cantonment, Sani¬ 
tarium or Camp), and then only in respect to such spirits 
and fermented liquors as shall be approved by the same 
authority in consultation with the local Excise authorities, 
and specified in the vendor’s license, 

(n) Camp followers, policemen, Kxcise Officer, or the servants 
of any Company for the transport of passengers or goods 
when on duty, 

(tii) European vagrants under escort of the police, 

(iv) insane persons, 

(v) persons known or believed to be intoxicated, 

(m) children (i.e., persons below the age of 16 years), or 
(vii) women, for consumption on the premises. 

(15) No privilege of vend shall he sold, transferred or sub-rented 
without the Collector’s previous permission. Nor shall any agent be 
appointed for the management of any such privilege without the Col¬ 
lector’s previous approval, and such agent shall hold an authority from 
the Collector. Such authority may be withdrawn at any time. No 
licensee shall absent himself for more than 15 days without appointing 
an agent with power of attorney. Such agent shall not be appointed 
without previous permission of the Collector. 

(16) No holder of any spirit or fermented liquor license will be allow¬ 
ed, without special permission from the Collector, to possess any intent 
in any spirit or fermented liquor license in any foreign territory in 
which the duty is lower. 

(17) Shops must be kept open unless their temporary or permanent 

closure is authorised by the Collector, and, such supply of liquor as the 
i^ollector may consider sufficient to meet local requirements must he main- 
tamed therein* Shops not opened by detes to be , fixed by the Collector 
shall W liable to be re-sold at the risk of the licensee. * 



The Distkict of aou. — (Ylll. — Onieib under liegidat%on$ 28i> 
locally applied ) 


(18; No spirit or fermented liquor shall be sold in shops except for 
cash. The licensee shall be bound to give intimation of the offer of 
anything other than cash to the nearest Magistrate or Police Officer, 
This condition is not, however, meant to restrict credit sales m the 
ordinary course of business by shopkeepers or firms of standing and 
respectability dealing in foreign spirit or foieign fermented liquor for 
consumption off the premises. 

(19) No spirit or fermented liquor in excess of the quantity prescribed 
ior possession under paragraph VIII of these rules without a license 
shall be permitted to be removed by person at any one time from any 
licensed premises without a valid permit. 

(20) The accounts of transactions shall bo maintained from day to 
day in ink in tbe prescribed form. The accounts and permits shall be 
printed books which may be obtained from the office of the Collector of 
Excise on payment of cost price; permits for liquors received and the 
counterfoils of permits issued should be carefully filed. The signing 
of blank permits for subsequent issue is prohibited. 

(21) Such returns and information as may be required by the Collector 
from time to time shall be furnished by holders of licenses. 

(22) Only such measures, as may from time to time be prescribed 
by the Collector of Excise Revenue, shall be possessed or used on any 
licensed premises, and they shall be tested and stamped by the stamping 
establishments of the District if the Collector shall so direct. The 
possession or use of measures that are incorrect on any licensed premises 
will render the licensee liable to punishment. 

(23) The officers authorised to inspect retail shops are;— 

(i) any officer of the Revenue Department of the rank not lower 
than Tahsildar, and 

(ri) any officer of the Excise Department not lower than Inspector. 

These officers are empowered to enter and examine the premises to 
test measures in use and the spirit and fermented liquor under sale, and 
to call for and check the accounts kept in the shop. Police officers will 
also make inspections when it comes within the scope or their duty. 

(24) An inspection note book, with the pages numbered consecutively 
for inspecting officers to enter their remarks in, shall be maintained, 
and he handed over to the Inspector or any officer authorised By him 
to receive it on a receipt being given therefor. 

(26) The amount for which the privileges have been purchased shall 
be payable in twelve equal monthly instalments into a (government 
Treasury on o? Before the 15th of each month beginning, with April unless 
otherwise specified. 



290 The District of Abu. — (Till. — Order .s under Regulations 

locally applied.) 


(2d) "No remission or abatement of the rent shall be claimable on any 
account whatever. 

(27) Any sum due by a licensee may be collected under the Land 
Revenue Law as provided by section 64 of Excise Regulation or adjusted 
from the deposit, if any, made by him at the commencement of the lease, 
or from any security given by him. He shall be bound to replace any 
sums adjusted from his deposit within 15 days of receipt of notice from 
the Collector. 

(28) Power is further reserved to the Collector of Excise Revenue to 
suspend* licenses in case of failure of payment of hists on the due dates. 

(29) In the event of suspension of a license for failure to pay arrears 
the privilege of sale will be re-sold with effect from the date of issue 
of license to the new purchaser or otherwise disposed of at the Collector’s 
discretion. All losses on account of suspension and re-sale or other dis¬ 
posal of the privilege shall be borne by the defaulting licensee but he 
shall have no right to gain if any such accrues. The whole of the deposit, 
if any, made at the commencement of the lease will be liable to for¬ 
feiture. The officer who has the power to suspend the license may, 
however, at his discretion allow sales to continue pending re-sale or other 
disposal of the privilege. 

(30) Interest on all moneys due shall be payable at the rate of 6 
per cent, per annum. 

(81) Infraction of any of the conditions of the license, either by a 
licensee or by any person in his employment, will entail on the licensee, 
under the orders of the Collector, either 

(а) fine up to Rs. 50 or 

(б) forfeiture of deposits, if any, and cancellation of license and 

re-sale or other disposal of the privilege at the risk of the 
licensee. 


The licensee or his agent may also be prosecuted for the specific offence 
committed. 

Tbe rent for the whole lease shall become at once due, when a lease 
is cancelled under this condition. 


(NotB.—*For continuing breaches of a license, continuing fines may be imposed*) 


(32) Any license may be forfeited and the privilege be re-sold or others 
wise disposed of at the risk of the licensee, if the licensee be convicted 
before a Magistrate of any offence against the Excise Regulation or of 
any offence under the Indian Penal Code, which in the Collector’s opinion 
renders him unfit to hold it. The purchaser of a privilege is liable 


t &T© liable to be re-sold for failure to fray buU only after 25th; 

In the meantime interests will be levied. \ \ > 



The District of Abu. — (Vlll.—Orders under Regulations 291 
locally applied .) 


to the penalties prescribed in this condition if he is convicted of any 
such offence as above contemplated after the confirmation of the sale 
of the privilege to him though before issue of a formal license. For¬ 
feiture of any license under this clause shall involve forfeiture of the 
balance of all deposits after payment to Government of all sums due 
under the lease. 

(33) Licensees are bound to report to the Collector all instances which 
come to their knowledge of persons employed by them in the manufac¬ 
ture, carriage or sale of spirit or fermented liquor, committing breaches 
of the Excise Laws or engagements entered into by them, and to comply 
with the Collector’s orders respecting the continued employment of such 
persons. No persons who have been convicted under the Indian Penal 
Code shall be employed in the carriage or sale of spirit or fermented 
liquor without the Collector’s permission. 

(34) Pecuniary dealings by licensees of any kind whatever with offi¬ 
cials of the Excise Department are absolutely prohibited. 

(35) Any license shall be revocable by the Collector at his discretion, 
on giving the licensee 15 days’ notice of such revocations, in which 
case a proportionate part of the fee will be refunded. 

(36) All licensees shall be bound by any additional general rules that 
may be prescribed under the Excise Laws, and, if so required by the 
Collector or any officer authorised by liirn, to deliver up their licenses 
for amendment or for the issue of fresh ones. 

(37) No person holding a license shall compound or bottle spirit 
unless he holds separate licenses authorising him to do $o. 

(38) No person who is licensed to sell liquor for consumption on his 
premises, shall, without the previous permission in writing of the Col¬ 
lector, during the hours in which such premises are kept open for busi¬ 
ness, employ or permit to be employed, either with or without remunera¬ 
tion, any woman in any part of such premises in which such liquor is 
consumed by tbe public. 


Part III. 

General conditions applicable to country spirit licenses . 

1 The spirit sold shall he manufactured from (i) Gur or Shim or (ti) 
Mahua and shall he obtained only through the Collector of Excise 
Revenue, Abu, and on application to him accompanied by a deposit 
of the vafye of the spirit according to such rates as the Collector subject 
to the approval of the Agent to the Governor General shall fix from 
time to time, 

J Substituted fey; Notification No. 2073-7, dated the 30th April, 1918. Gazette of 
India, 1918, Pt. fit, p. 7SA » , 





292 The District of Abu. — (VI21.—Ordem under Regulations 

locally applied.) 


(2) The Retail Licensee will be requned to take delivery of the spirit 
so ordered at the Railway Station, Abu Road, and will transport jt at 
bis own expense to Mount Abu. 

(3) The spirit will on arrival at Mount Aim be gauged ‘unt p»ovud 
by the Ofiicer-in-charge of the warehouse and payment will be made 
to the Distillery for the quantity delivered; any excess deposited by the 
Retail Licensee being re funded to him or held to Ins credit 

(\) The spirit so received will be reduced b> the two authorised 
strengths of 25 and 50 U. P. and no liquor shall be sold at other than 
these strengths. 

(5) Duty will be le\ied from the Retail Licensee at the following 
late, but the Bon’ble the Agent to the governor General reserves to him¬ 
self the powers of revising them from time to time if he sees reason 
to do so. 

Rs. 

Per L. P. Gallon .... .... 4 

t.e., 25 U. P. hulk Gallon.3 

On 50 U. P. bulk Gallon. 2 

(6) The rate at which the Retail Licensee is authorised to sell the 
spirits is fixed as follows: — 


Per L. 

P. 

Gallon 50 

Gallon. 

Rs. A. P. 

Hah da 

BotfcfK 

Rs. A. P. 

Dram. 
Rs. A. P. 

Gallon. 
Rs. A. P. 

Shiba. 

Bottle. 
Rs. A. p. 

Dram, 
Rs. A. P. 

U. P. 

Per L 

P. 

Gallon 25 

3 0 0 

0 8 0 

0 10 

8 4 0 

0 8 9 

0 1 3 

U. P 


, 

6 0 0 

10 0 

0 2 0 

6 0 0 

1 0 0 

0 2 3 


(7) A warehouse will be provided by the Government for the storage 
of the liquor, but the licensee will have the option of:— (i) removing 
the spirit to his own premises, as soon as it arrives, paying duty thereon 
at once as provided in rule 5 suj?m or ( ii ) storing it in his own casks or 
vats in the warehouse, so provided which will be under the lock and 
key of the Officer-in-charge of the warehouse. The Officer-in-charge 
will be present at such time as the Collector may direct for issuing spirit 
to the licensee. A stock account of the spirit will be kept and spirit 
will again be gauged and proved at the time of issue when duty wilt 
be recovered. The licensee will also be liable for duty on ^ny dryage 
in excess of 1| per <*ent. for which he is unable to account to the satis¬ 
faction of the Collector. The quantity of spirit issued at one time 
to the licensee from the warehouse shall not be less than one gallon. 

(8) Subject to the conditions prescribed in this behalf for the carry¬ 
ing out of these operations in the warehouse, the licensee will be per¬ 
mitted to add in essence or oil of aniseed or cardamoms to tte spirit, 





The Dtstkjct of Abu. — (VIIl. — Older* under Regulations 293 
locally applied.) 


alter payment of duty and before removal from tlie -warehouse. Such 
spirit shall be issued in properly corked, capsuled and labelled bottles 
and’ the licensee will be allowed to charge 6 annas a gallon of this special 
spirit above the authorised price. He will be allowed to charge one 
mpee and two annas per dozen/quarts/pints in addition to cover the 
expenses of bottle/pints, and of bottling, capsuling and labelling. He 
may also be required to supply plain country spirits in properly corked, 
capsuled and labelled bottles/pints and will be allowed the same rate 
to cover the expenses of bottles/pints and of bottling, capsuling and 
labelling. It must be distinctly understood that the licensee is per¬ 
mitted to charge these sanctioned rates and no more and that he may 
not take anything extra from purchase!s whether in the shape of empty 
bottles or their price. 

(9) The supply of spirits of both strengths for the district is com¬ 
pulsory, the licensee shall he hound to supply whichever is demanded and 
when demanded. 

(10) The cost of all establishment maintained for Government pur¬ 
poses at the warehouse will be met by Government. 

(11) The licensee shall be bound by general conditions applicable to 
Excise licenses and other rules contained in this paragraph and para¬ 
graph XIV infra in so far as they concern him. 

*(12) The licensee shall on the expiry of the term of his license make 
over all stocks of spirits in his possession to the incoming licensee on 
payment at such rates as the Collector shall fix. If the outgoing licensee 
gives notice to the Collector three months before the expiry of his 
license that he wishes the incoming licensee to purchase his vats and 
casks, the incoming licensee shall he required to purchase, at prices to 
be fixed by the Collector, such vats and casks as are in use at the ware¬ 
house and shop and are in good condition. 

Paut IV. 

Special conditions applicable'to retail country spirit shop licenses , 

(1) No country spirit shall be kept or sold by the licensee of any 
strength other than those prescribed, provided, that in cases in which 
the strength of country spirit has, owing to causes beyond the licensee** 
control, become not more than 3° below the prescribed strength,: and hot 
more than 1° above the same, its sale shall be lawful. 

(2) Country spirit flavoured with aniseed or cardamoms shall only be* 
fcepi in bottles properly corked and capsuled. All such bottles shall be 
labelled 44 Country spirit-strength under proof.,..;.... Flavoured with 

7 Wr%tifteatlon "No'ribWWr,’ dated the April, 191$. Gazette of 
Wm. 1918, ft; ft, p. TU . 





294 The District ok Abu.—(1 7 111.—Orden under Regulations 

locally applied.) 


.” The licensee may also he required to keep a stock of country 

spirit which has not been flavoured in bottles corked and capsuled and 
labelled (i Country spirit—strength under proof. Price.” 

Part V. 

Special conditions applicable to all fomgn hquor licenses. 

(1) The licensee is prohibited from bottling foreign spirit or fer¬ 
mented foreign liquor or rectifying or compounding foreign spirit by 
purifying or colouring or flavouring or mixing any material therewith 
[unless he holds separate license for (1) bottling, (2) compounding which 
aie only issuable to holders of wholesale licenses]. 

(2) Every receptacle containing foreign spirit fermented liquor manu¬ 
factured and flavoured, coloured and compounded in India and received 
or kept for sale must be conspicuously labelled or branded with the 
words “ foreign spirit, or foreign fermented liquor manufactured in 
India.” All foreign spirit or foreign fermented liquor imported in bulk 
and bottled in Abu received or kept for sale, must bear a printed label 
showing clearly the country of manufacture, the name of the bottler 
as entered in his license and the place of bottling. 

(3) If the licensee bolds moie than one license for the sale of foreign 
spirit or foreign fermented liquor on the same premises he must keep 
his accounts of transactions under each license separately, 

(4) The licensee shall not sell any foreign spirit or foreign fermented 
liquor in any quantity within the limit of any Military Cantonment or 
Sanitarium except with the sanction of the Commanding officer. 

(5) All foreign liquois except Gin (for which a strength of 35 IF. 1\ 
is prescribed) and denatured spirits kept for sale shall not be weaker 
than 25 U. I\ 

Exception —Liquors, whiskies and brandies selling at not less than 
Rs. 24 per gallon may be sold at strengths lower than 25 (F. V. 

(6) (1) When liquor is bottled in India, the labels on the bottles must 
show the fact of such bottling and the name of the bottlei. 

(2) Retail vendors of foreign liquor must not alter either the nature 
of their liquor or the labels under which they have purchased it on pain 
of forfeiture of their licenses. 

II.—Special conditions applicable to wuoleaalb licenses for the 

SALK OF FOREIGN SPIRIT OR FOREIGN FERMENTED LXClDOR NOT TO BE 

DRUNK ON THE PREMISES. , 

( (I) The privilege granted under ibis license extends only to the sale 

of , foreign spirit or foreign fermented liquor in quantities not less than 






The District of Abu. — (Till. — Orders under Regulations 295 
locally applied.) 


two Imperial gallons or one dozen reputed quart bottles in one transac¬ 
tion. 

(2) Consumption of foreign spirit and foreign fermented liquor sold 
under this license on the premises is prohibited. 

Ill-—S pecial conditions applicable to hotel license for the supplv 

OF LIQUOR TO RESIDENTS IN HOTELS AND BOARDING HOUSES. 

(1) No foreign spirit or foreign liquor may be sold under this license 
otherwise than to residents for their own use and that of their guests, 
or t6 casual visitors requiring foreign spirit or foreign fermented liquor 
with the meal or meals supplied to them. 

IY.—Special conditions applicable to Bar licences. 

The privilege extends to the sale of foreign spirit and foreign fer¬ 
mented liquor to be consumed on the premises. 

V.—Special conditions applicable to DAk Bungalows. 

The privilege extends to the sale of foreign spirit and foreign fer¬ 
mented liquor to bond fide travellers staying at Dak Bungalow. 

Occasional Licenses. 1 

n . . T . 1 These licenses will be framed as occasion 

Special License*. > 
x # [ requires*. 

Auctioneer's Li censes. J 

Compounding Licenses . 

(1) Compounding of foreign spirit will take place only in a ware¬ 
house approved by the Collector of Excise. 

^2) The room shall be kept under Government lock. 

(3) All essences and colouring matter intended to be used in com¬ 
pounding shall be handed over to the Collector of Excise at once-on 
receipt, who may take samples of the same. 

(4) All foreign spirit intended for compounding shall l>e handed over 
to the Collector of Excise at once on receipt who may take samples of 
the same. 

(5) The Collector of Excise may prohibit the use of any essence or 
colouring matter; such essence or colouring shall thereupon fee destroyed. 

(6) The proportion of essence and colouring matter to be used shall 
be prescribed by the Collector, 

(7) The Government shall not be held responsible for any loss of 
foreign spirit, essence, colouring matter or anything whatsoever, Arising 
from any cause, nor shall any Government servant be held responsible. 


296 The District oe Abu. —(7/77 .—Orders under Regulations 

locally applied.) 


(8) All compounding operations shall be conducted in the presence 
of an Excise officer. 

(9) Accounts shall be kept of foreign spirits compounded, essence and 
colouring matter used, and of the manner in which the compounded 
spirit is disposed of. 

(10) Breach of any of the conditions of this license shall render the 
licensee liable to a fine not exceeding Us. 50 and may entail forfeiture 
of the license. 

(11) This license is revocable by the Collector of Excise at any time 
'vithout payment of compensation. 

(12) Should the license be forfeited or revoked, all essence or colour¬ 
ing matter shall be destroyed or exported from Abu and foreign spirit 
remaining in the warehouse removed. 

Part VI. 

Bottling License. 

(1) Bottling shall be carried out in a warehouse approved for the 
purpose by the Collector of Excise. 

(2) The room shall be kept under Government lock. 

(3) Bottles used shall be reputed quarts and pints. 

(4) When bottling from a vat or cask is commenced, it shall be com¬ 
pleted without delay and the whole of the foreign spirit shall be bottled 
off at one time. 

(5) All bottling shall be done in the presence of an Excise Officer. 

(6) Bottles shall be properly corked and capsuled or sealed, and shall 
bear a label showing: — 

“ Name of the country in which the foreign spirit or foreign 
fermented liquor is manufactured.” 

“ Name of bottler ” and 

- “ Place of battling.” 

(7) The Government shall not be held responsible for loss resulting 
from any cause whatever, nor shall its servants be held responsible. 

(8) Accounts shall be kept of all foreign spirit and foreign fermented* 

liquor bottled under this license. , - 

(9) Breach of any of the conditions of this license slwsdl render the- 
licensee liable to a fine not exceeding R$. 50 and may entail forfeiture 
of the license. 

(10) This license is revocable by the Collector of Excise at any time* 
wifhoirt payment of compensation. 




The District of Abu. — (VIII.—Orders under Regulations 297 
locally apphed.) 


(11) Should the license be forfeited or revoked, the bottling room 
in the warehouse shall be emptied of all bottles, apparatus, etc. 

(12) All operations in the warehouse will be governed by the provi¬ 
sions of the Mei’chandise Marks Manual. 

XIII. Section 62 (2), (a), (o), (i), (/), and (7c). 

1. The following rules are framed under Section 62 (2), (a), (c ), (i), 

( j ), and (/<•): — 

Section 62 (2), (a). 

2. The Collector of Excise Revenue shall control in all respects 
subject to appeal to the Hon’ble the Agent to the Governor General 
appointments in the Excise Department, but no order of appointment 
or of punishment by fine, suspension, degradation, or dismissal in the 
case of Officers whose monthly salary is Rs. 50 or more shall take effect 
without the provious confirmation of the Hon’ble Agent to the Governor 
General in Rajputana. 

Section 62 (c). 

1. An appeal shall lie to the Agent to the Governor General from 
every order of the Collector, and Excise Commissioner, if presented 
within d0 days from the date of the order. 

2. The Hon’ble the Agent to the Governor General may revise any 
order original or appellate passed by the Collector and the Excise Com¬ 
missioner. 

3. A petition of appeal from, or for revision of, an order shall be 
accompanied by the order in original or by an authenticated copy thereof, 
or the omission to produce the original or copy shall be satisfactorily 
explained. 

Section 62 (i). 

1. Oharas, Oanja or Bhang, if any, stored in the warehouse at Abu 
and deemed by the Collector to be unfit for use may be destroyed under 
his written orders. 

2. Any exciseable article kept on the premises of a vendor, licensed 

to sell such article and found after necessary examination to be unfit 
for human consumption may be destroyed under the orders of the 
Collector, . 

Section 62 (2), (/). 

Disposal of things confiscated under the Excise Regulation I of 1915. 

I. When in any case a Magistrate orders the confiscation of any thing 
tinder section (1) of Regulation, such things ahall be made over to the 
Collector for disposal. 




298 The District oe Abu. — (VIII. — Orders under Regulations * 

locally applied.) 


2. The disposal of things confiscated by order of a Magistrate or of 
the Collector under Section 46 (2) shall be regulated as follows: — 

3. The sale or other disposal of things confiscated tinder the Regu¬ 
lation shall be deferred till the period of appeal against the order of 
confiscation has expired, or if an appeal be made against such order, 
till the appeal is disposed of; Provided (1) that the sale of any animal 
or other thing ordered to be confiscated shall not be so deferred unless 
the owner or his agent deposit with the Collector such sum as the Col¬ 
lector may consider to be required and to be sufficient for the keep or 
safe custody of such animal or other thing pending the result of such 
appeal, and (2) that if the thing be of u perishable nature, it may be 
sold immediately. 

4. If an order for confiscation of anything be reversed on appeal such 
thing or the sale-proceeds thereof and the amount, if any, deposited for 
the keep or safe custody of such thing shall be at once returned to the 
owner thereof, or his agent under the order of the Collector. Should no 
one appear to receive the thing confiscated, the sale-proceeds of the 
amount, if any, deposited, within two months from the order on an 
appeal, such thing, sale-proceeds or amount shall be forfeited to Go¬ 
vernment. 

5. Confiscated foreign liquor shall be sold by public auction. Con¬ 
fiscated country liquor shall be destroyed. 

, 6. Confiscated intoxicating drugs derived from "the hemp plant if fit 
for human consumption shall be sold to a Contractor for whom a license 
for their vend has been granted under section 18, at a rate fixed by the 
Collector not exceeding the ordinary market rate obtaining in adjacent 
native territory and the duty imposed by law in Abu. If unfit for 
human consumption such intoxicating drugs will be destroyed. 

7. Confiscated cocaine, coca leaves, alkaloids of coca, every other 
intoxicating drink or substance prepared from the coca plant (Ery- 
throxylum coca) and all drugs synthetic or other having a like physio¬ 
logical effect t6 that of cocaine and all preparations and admixtures of 
any of the above shall be disposed of in accordance with instructions 
issued from time to time in that behalf by the Hon’ble. the Agent to 
the Governor General. 

8. Confiscated articles other than those referred to in rules 6, T 
above shall he sold by auction to the highest bidder, and if there is no* 
bid they shall be destroyed. 

% ■ 

Section 62 (2), (it). 

(■brant of expenses to witnesses and persons charged tfith offences hut. 
subsequently* released or acquitted. 




The District of Abu. —( Mill.—Orders under Regulations 299 
locally applied.) 


Witnesses appearing under summons or produced before any Court 
in cases under the Excise Regulation or persons charged with offences 
under the said Regulation, hut subsequently acquitted shall be granted 
tlieii' expenses in accordance with the rules published under Notification 
No. 1626-I-B., dated the 16th dune, 1899, from the Government of India 
in the Eoieign Department, payment of expenses of the complainants 
and witnesses m the Criminal Courts of the Central India and Rajputana 
Agency. 

Section 02, clauses (d) and ( h ). 

Warehouse Rules. 

XIV. The following rules have been made for the establishment and 
working of the warehouse for regulating the issue and transport of spirits 
therefrom and for the inspection and supervision thereof: — 

Section I. 

Introductory. 

These rules shall apply to the warehouse in so far as they are not 
inconsistent with the terms of the contract entered into with the con¬ 
tract-supplier. 

(1) In these rules unless the contrary appears from the context “ To 
gauge ” means “ To determine the quantity of spirits contained in or 
taken from any receptacle, or to determine the capacity of a cask or other 
receptacle.” “ To prove” means “To test the strength of spirits hr 
hydrometer or other suitable instruments ”; and “ Tariff rate” means 
“ The rate of import duty prescribed in the Indian Tariff Act for the 
time being in force.” " A warehouse ” means “A building for the 
storage of spirits prior td the payment of duty.” 

(2) “ Collector ” means “ The Collector of Excise Revenue ”. 

Section II. 

Warehouse. 

(8) The retail vendor shall he the warehouse keeper for purposes of 
these rules for which a license will he granted to him. 

(4) As a general rule the warehouse will he supervised by the ordinary, 
establishment of the Excise Department and the Collector wffl arrange 
with the retail licensees the number of hours per day and of days per 
week on which the warehouse will he opened for receipt and issue of 
liquors and for operations suoh as reducing. Should it appear to the 
Collector at any time that a re-arrangement of the woirk is rendered 
necessary', he. will at, once take steps to reduce or extend the number 
of hours and day# during which the warehouse is to be opened. 




300 The District of Abu.— (Till —Orders wider Regulation* 

Iondly applied) 


(5) No vspirits shall be received into the warehouse unless accom¬ 
panied by a permit from the Officer-in-charge of the Distillery where the 
liquor is manufactured. All spirits received into warehouse shall be 
gauged and proved on arrival and the warehouse keeper shall thereupon 
become responsible under rule 14 of the quantity and strength of the 
same. 

(6) The warehouse shall be under the joint lock and key of the 
Offi<*er~m-(harge thereof and the retail licensee. 

General Provisions Applicable to the Warehouse at Abu. 

‘(7) Government shall not be responsible for the destruction, loss or 
damage of any spirits deposited in the warehouse, by fire or theft or 
by gauging or proof or by any oilier cause whatever. In case of fire 
or other accident, the Officer-in-charge of-warehouse shall immediately 
attend to open it at any hour by day or night. 

(8) The warehouse keeper shall also execute an agreement binding 
him for himself, his heirs, legal representatives and assigns to observe 
the conditions of the license and hypothecating the stock of liquor, etc., 
as security for the payment of all sums which may become due to the 
Government by way of duty, rents, penalties, fines or other payments 
due under the provisions of his license. Tn case of neglect or refusal 
to make deposit and execute agreements as aforesaid withm 10 days of. 
the date on which the approval of an application for a license shall 
have been communicated such approval may he withdrawn and the fee 
already deposited may he forfeited. In lieu of executing the hypothe¬ 
cation deed, the warehouse keeper may deposit Government Promissory 
Notes to the Collector to such value as the Collector may direct. 

(9) The warehouse shall be under immediate supervision of the Col¬ 
lector, who will carry out the provisions of these rules either in person 
or through his subordinates. 

(10) The warehouse shall be open only for the entrance and exit of 
persons who have business within it. Except with the permission of 
the Collector no one, except officers of that Department and the superior 
officers of other Government Departments and their servants and license 
vendor^ who have come to purchase spirits shall be allowed to enter the 
premises on any pretext. A register shall be kept of the names, of all 
persons employed by the warehouse keeper and all recognised employes 
Will be supplied with passes for ingress and egress. 

(IX) All persons entering the warehouse shill he under the OrcM* 
<of the Officer-in-charge in respect of ,their conduct and proceedings 
within the bonded warehouse, and shall he liable to search bn their 
►quitting the premises at the discretion of the dfficer-in-bharge. 



Tiik D«STH K'T oi'’ A 1 1 r.— 1 17 //.— Order* under Rcyttlaiion* 301 ' 
I orally allied.) 


(12) Tho warehouse keeper shall give to the Offieer-in-charge an 
in veal my of nil permanent apparatus which he may intend to take into 
use, and winch wete not enteied in his original application, not less 
than two (dear working days befoie he nses any of them. 

(Iff) Tho Offioer-in-chargp of the warehouse shall keep regnlaT 
accounts which shall show the, quantity and strengths of spirits received 
in, issued from and remaining in the warehouse. 

Noth.- Spirits in the uareliousc shall at all tunes lie open to gauging ajul 
proof by tho Offieer-m-nhnrgo and of all superior officers of the Excise Department. 

(14; An account, will he taken of the, warehouse keeper’s stocks at 
such intervals not Icing greater than t.hiee months, and in sncli manner 
as the (lollertor may direct,, and the warehouse keeper shall pay to the 
Government, dot) at tho tariff rate on all the spirits which may not be 
forthcoming and for which ho shall not he able to account to the satis¬ 
faction of the (Jolleetor in excess of an allowance 1J per cent., which 
will he made to him for wastage for the purpose of collection of duty 
on the excess as aforesaid shall be calculat’d annually, that is at the end 
of tho year for which the license is in force. 

Provided that if it shall he proved to the satisfaction of the Collector 
or of such Officer as ho shall appoint, that such deficiency in excess 
of 1J per cent, has been caused by accident or other unavoidable cause, 
the payment of duty at the above rate on such deficiency will not he' 
required. 

(15) If it comes to the knowledge of the warehouse keeper that any 
person employed by him in the storage, receipt, blending or issue of 
spirits has committed any breach of the Excise laws or of the engage¬ 
ments entered into by him it shall be his duty to report the matter to 
the Oflicer-in-charge and to comply with the direction of the latter officer 
respecting the continual employment of such person. 

(16) The use by the warehouse keeper or his servants within the 
warehouse of naked lights of any description is prohibited. Closed’ 
lanterns only shall be used. 

(17) In the case of any breach of these rules or of the conditions of 
the license or in cases of any attempt by altering the capacities of, 
receptacles, or otherwise to deceive the Officer-in-charge in gauging or 
proving either by the licensee or by any parson in hie employment, the 
Collector may either impose upon him a! fine not exceeding the sum of 
&». 50 for every such breach of such rules or conditions or may declare 
the money deposited with him forfeited and may cancel the license. It 

he lawful far the Collector to deduct the amount of all fines imposed 
under this clause from the sunt deposited by the licensee as security 
for the due performance of the conditions of the license and for this 



802 The District of Abu. — (VIII.—Orders under Regulations 

locally applied.) 


purpose the Collector may sell any or all of the Government Promissory 
Notes or Stock Notes deposited or of the property hypothecated. 

(18) The imposition of a fine or the forfeiture of deposit or the can¬ 
cellation of the license under the last preceding rule shall not he held 
to prevent the prosecution of any person for any offence which may be 
committed against the provisions of the Excise Regulation I of 1915 
or other law for the time being in force and relating to the Excise 
Revenue. 

(19) If a warehouse keeper shall be convicted on prosecution before 
a Magistrate of any offence against the Excise Regulation I of 1915 or 
other law for the time being in force and relating to the Excise Revenue, 
it shall be lawful for the Collector to declare his license forfeited. 

(20) All sums payable to Government by the warehouse keeper may 
be deducted from the amount of his deposit or may be recovered by attach¬ 
ment and sale of his property under any law for the time being in force 
for the recovery of arrears of land revenue. 

(21) Any sum deducted by the Collector under the powers herein 
contained from the amount deposited by the warehouse keeper as secu¬ 
rity for his due performance of his engagements shall be replaced within 
15 days from the date of receipt of a notice* from the Collector informing 
the distiller or warehouse keeper of such deduction having been made. 

(22) On the expiry of his license (unless a fresh license shall have 
been granted him) or if his license shall be cancelled or suspended 
every warehouse keeper shall be bound forthwith to pay the duty on 
and to remove all spirits remaining within the warehouse and if he 
shall fail to do so within 10 days of the receipt of the written notice 
from the Collector the cost of any establishment which it may be neces¬ 
sary to employ at the distillery or warehouse may be recovered from 
the defaulter. In the event of continued neglect the spirit shall be 
liable to be forfeited at the discretion of the Collector. 

(23) The Officer-m-chaTge of a warehouse may eject and exclude 
from the premises any person whom he shall find to have committed or 
to be about to commit any breach of these rules or the provisions of the 
Excise Regulation I of 1915 or who shall be intoxicated, riotous or 
disorderly. All action taken by such officer under this rule shall forth¬ 
with be recorded by him in writing in his official diary for the informa¬ 
tion of his official superior. 

(24) The warehouse keeper shall be bound by all additional general 
rules fpr the management or for the issue of the Spirits therefrom which 
may already be in force or which may hereafter be prescribed under tfye 


The District oe Aucj. —(TV//. —Orders under Regulations 303 
locally applied.) 

-existing Excise Law or under any law which may hereafter be enacted 
and by special orders issued by the Collector and shall cause all persons 
employed by them in the issue, etc., of spirits to obey all such rules. 

(25) Except as otherwise provided all orders passed and proceedings 
taken under these rules by officers of the department of the Excise 
shall be subject to appeal to their respective immediate superiors within 
two months. The decision of the Agent to the Governor General on any 
such appeal shall be final. 

(26j The warehouse keeper shall execute agreements to the Collector 
agreeing to be bound by the above and the following rules and stipula¬ 
tions for themselvevs, their legal heirs, legal representatives and assigns, 

(27j All plant, vesvsels, receptacles, locks, instruments, etc., which 
are considered necessary by the Collector for the working of the ware¬ 
house, will be supplied by the licensee. 

Section ITT. 

Rules relating to the issue of spirits from warehouse . 

(28) Tn order that he may be able to issue spirits at the exact 
strengths at which sale is allowed, the warehouse keeper will be per¬ 
mitted, on application to the Officer-in-charge thereof, to blend or reduce 
spirits to the pi escribed strengths in such vats as may be approved for 
the purpose by the Collector. Blended or reduced spirits shall be kept 
in d separate receptacle. 

(2b) If any saccharine or other matter of such a nature as to obscure 
the indications of the hydrometer shall be introduced into spirits, duty 
will he calculated on the quantity and strength of such spirits as ascer¬ 
tained before the introduction of such matter. No allowance will be 
made for wastage in such spirits after the addition of such matter and 
before removal into the warehouse. Such spirits shall be kept in a 
separate receptacle. 

(80) No spirits shall he removed from the warehouse until they have 
been gauged and proved by the Officer appointed for the purpose. The 
gauging of spirits may be made either by actual measurement or by 
weighment. 

(31) In proving spirit for issue to retail shops at the two authorised 
strengths of 25 IT. P, and 50 XT. P. it will be sufficient for the Officer 
to satisfy himself that the strength is within under or over the 

alleged strength . • , 

Hqhor is proved to bp within hue degree Of issue strength no 
further reduction or blending of such liquor with the Me object of bringing the 
strength to exactly that prescribed shall be allowed by the warehouse officer, 




304 The District op Abo. —(1 7 111. — Orders under Regulations 

locally applied.) 


(32 ) Allowance will be made for loss in transit by leakage and evapo¬ 
ration of spirits transported under bond up to the maximum amounts 
shown below: — 

Per cent. 

For a journey of not greater duration than 2 days ... 2 

For a journey of duration exceeding 2 but not exceeding 5 
days.3 

For a journey of duiation exceeding 5 days but not exceeding 
15 days. .... fi 

For a journey of duration exceeding 15 days . . . „ 7£ 

But only actual wastages calculated on the contents of the indivi¬ 
dual casks or vessels will be allowed. 

If the report of the officer by whom consignments of spirits received 
under bond has been gauged and proved on arrival at its destination 
should show that wastage to a greater extent than the above has occurred, 
the contract-supplier or warehouse keeper shall pay duty at the tariff 
rate on so much of the deficiency as is in excess of the above allowance: 
Provided that if it shall be proved to the satisfaction of the Collector 
that such deficiency has been caused by accident or other unavoidable 
cause, the duty levied on such deficiency shall be refunded. The Col¬ 
lector’s decision shall he final. 

The allowance to he made under this rule will be determined by 
deducting from the quantity of spirits despatched from the Distillery, 
the quantity received at the place of destination, both quantities being 
stated in the terms of London proof gallons, and will be calculated on 
the quantity contained in each cask or ether receptacle comprised in a 
consignment. 

Section 62 (h). 

XY. The following rules are prescribed for regulating the issue of 
licenses on fixed fees for the sale of potable foreign spirit and foreign 
fermented liquors: — 

(1) Holders of any form of foreign liquor license shall be bound by 
the general conditions applicable to all Excise licenses published in 
rule 18 supra. 

(2) Licences for the sale of foreign liquors shall be of the following 
description: — 

(z) Wholesale licenses for the sale of foreign liquor not to be 
drunk on the premises of licensed dealers only .‘—These 
will be issued on an annual fee of Hs. 20 at tjfr'e discretion 
of the Excise Collector. Under these licences the sale of,, 
liquor in quantities less than two imperial gallons or a 
dozen reputed quart bottles in one transaction, is prohibited* 
The holders of this license will have the privilege of itm* 




The District of Am.—(Till.—Order# andet Regulations 305 
locally applied,) 


mg to licensed dealers only samples of liquor in quantities 
not exceeding one pint. 

(n) Retail licenses for the sale of foreign spirits and foreign fer¬ 
mented liquors not to be drunk on the premises hy any 
person :—These will be issued at the discretion of the Col¬ 
lector on payment of an annual fee of Rs 50. Under these 
licenses the sale of foreign spirit and foreign fermented 
liquoi in quantities less than one reputed pint or more 
than twelve leputed quarts at one time and to one person 
will be prohibited. 

{Hi) Hotel licenses for the supply of residents in Hotels and, Board¬ 
ing Houses ;—These will be issued at an annual fee not ex¬ 
ceeding Es. 100 at the discretion of the Excise Collector. No 
liquor may be sold under these licenses otherwise than to 
residents in Hotels and Boarding Houses for their own use 
and that of their guests, or to casual visitors requiring 
liquor with the meal or meals supplied to them. A holder 
of license under (iii) or (iv) desirous of setting up and 
maintaining a “ bar ” or “ bars” may on payment of a 
monthly fee of Rs. 20 for each bar be granted a separate 
license to be called a a bar license.” 

(iv) Refreshment room licenses will be of two classes: 

(a) for refreshment rooms maintained by, or under the super¬ 
vision of Railway or other Companies or any person 
carrying on a business for the conveyance of passengers, 
for the supply on the premises of passengers by such 
railway or other means of locomotion. 

The annual fee payable for each license will be Rs. 50. 

Under these licenses foreign spirit or fermented liquor may¬ 
be sold to passengers and persons served with eatables in 
the rooms for consumption on the premises to any extent, 
provided that no more than two reputed quarts or four 
reputed pints of each kind of foreign spirit or foreign 
fermented liquor sold at the refreshment room may be 
sold at one time to any such passenger for removal from 
the premises. 

fb) For D&k Bungalows in which the sale of foreign spirit or 
foreign fermented liquor is ordinarily combined with the 
supply of meals or of eatables prepared and served in the 
European manner* The annuail fee will fee Rs. 5. 

(v) dcfastonol licenses such m licenses, for the sale at refresh* 

r nfcmt stalls in connection with race 'meetings and public 



306 The District of Atjtt.— (VIII.—Orders vnder Regulations 

locally applied.) 


entertainments ;—These will he granted by the Collector of 
Excise Revenue at his discretion, for a period not exceed¬ 
ing ten days one time and at such fees not exceeding 
Rs. 100 on each occasion as he may determine. No re¬ 
moval of foreign spirit or foreign fermented liquor from the 
premises will be allowed under these licenses. 

(r?) Special licenses will also be gianted by the Collector of 
Excise Revenue when the circumstances are such as not to 
allow of the issue of licenses of any of the above descrip¬ 
tion on such terms and conditions and for such period as 
he may on each occasion determine. 

(mi) Auctioneers licenses :—Annual fee of Rs. 5. The following 
are the important provisions of this license: — 

(a) Liberty to give sample bottle in respect of all consignments 

whether trade consignments or the property of private 
persons, in order that intending purchaser may have the 
opportunity of testing high class wines and spirit at 
their own houses before the auction sale. 

(b) Authority to sell wines, spirits and beer in less quantity 

than whole dozens of each description in the case of sales 
by auction of the property of private party or estates, or 
of trade consignments which are ullaged or otherwise 
unmerchantable. 

(c) Authority to sell by auction at places other than that speci¬ 

fied in the license, wc., at any private residence at which 
the licensee may hold an auction. 

(vin) Compounding licenses will be issued on payment of a fee 
of Rs. 100 per annum. All compounding operations will 
be conducted in a warehouse only. 

(ix) Bottling licenses will be issued on payment of a fee of Rs. 20 
per annum or bottling will be done in a warehouse only. 

(3) Any two or more of the above kinds of licenses may be granted 
to the same person for the sale of foreign spirit or foreign fermented 
liquor in the same premises. 

(4) No premises shall be used for sale of foreign spirit or foreign fer¬ 
mented liquor unless and until approved by the Collector of Excise. 

(5) All orders passed by the Collector of Excise under these rules wilt 
be subject to appeal to the Hon’ble the Agent to the Governor General 
whose decision will be final. 

“(6) All licenses (other than occasional and special licenses) will have 
effect for the official year, Le., from the 1st April, in each, year, untf^ 



The District of Abu. —(FT IT.—Oiders under Regulations 307 
locally applied .) 


the 31st March, of the following year, unless specifically stated other¬ 
wise. 

(7) The fixed fee exceeding Rs 50 on licenses other than special and 
occasional licenses will be payable in two instalments one-half being 
payable when the license is issued and the other half at beginning of 
the 2nd half year, viz., 1st October, unless specifically stated otherwise. 

(8) The Collector may alter the fee when he considers it necessary 
provided the fees are not reduced below the minimum fixed by the Go¬ 
vernment of India. 

(9) All further information may be obtained and forms of licenses 
may be procured at a charge of two annas each at the office of the Col 
lector of Excise 


Section 62 . 

XYI. In exercise of the powers conferred by section 62 the follow¬ 
ing rules are prescribed under Sections 9, 16 and 17 of the Excise Regu¬ 
lation for the import, possession and sale of methylated spirits. 

(1) Methylated spirit is spirit rendered effectually and permanently 
unfit for human consumption by the admixture of caoutohoucine or other 
substances in accordance with the rules prescribed on the subject. 

(2) It is liable to a duty of 5 per cent, ad, valorem to be paid before 
removal from a distillery or customs house as the case may be. 

(3) If eaoutchoucine is mixed with spirit, it must be used in the 
proportion of one part by volume of eaoutchoucine to 99 parts by volume 
of the spirit. If other substances such as a mixture of light caoutchou- 
eine and pyridine bases are used, they must be in proportion to be 
prescribed on the subject. 

(4) The spirit shall not be of less strength than 50 per cent, over 
proof. 

(5) Methylated spirit may be imported on payment of the reduced 
rate of duty at 5 per cent, ad valorem , from a customs house or distillery 
on production of a written permission from the Collector of the district 
in which the custom house or distillery is situated. 

(6) Licenses will be issued free of fee for the sale of methylated spirits 
to respectable applicants on their showing that they have a legitimate 
demand for suc|i spirit. 

But the issue of licenses to persons licensed to sell liquor for con¬ 
sumption on the premises is prohibited. 

The form of license is appended* 

(7) Swhiluf licenses will be given to chemists and others who, for 
special reasons, require methylated spirits* TIms licensees will be 




308 The District or Anr.—( VJ11.—Orders under Regulations 

locally applied.) 


mjuira><J to use the spirit for the purpose specified and no other. The 
form of license is appended. 

(8) The customs or distillery officer concerned will send an advice 
of each issue of methylated spirit that he makes, to the Collector of 
Excise, Abu. This advice must be sent promptly at the time of issue. 
No issue of more than 100 gallons at any one time to any one person is 
permitted. 

(9) Unlicensed persons are prohibited from selling methylated spirits 
and from possessing more than one gallon at a time. Breach of this 
rule will subject the offender to the penalties prescribed in Excise Regu¬ 
lation I of 1915. 

(10) Spirit which is not sufficiently methylated must either be methy¬ 
lated afresh or must pay duty at the full tariff rate. When insuffi¬ 
ciently methylated spirit is methylated again, the expenses will be borne 
by the licensee. 

License for the sale op Methtlated spirits. 

I, , Collector of Excise Revenue, Abu, under ihe 

provisions of Excise Regulation I of 1915, hereby license you 
1o sell methylated spirits at your shop at , 

subject to the following conditions and stipulations to be observed by 
you, the said : — 

Conditions . 

(1) The license extends only to the sale of methylated spirit, which 
means spirit which has been rendered effectually and permanently unfit 
for human consumption by the admixture of caoutohoueine or othej 
substances in accordance with the rules prescribed on the subject. 

(2) Methylated spirits may he obtained, on payment of the reduced 
duty at 5 per cent, ad valorem from a Custom house and distillery on 
production of written permission from the Collector of the District in 
which the Custom house or distillery is situated. 

(3) No more than one gallon of methylated spirits shall he sold at 
any one time to any one person. 

(4) The shops for which this license is granted shall not he kept open 
between the hours of 9 p.m. and 6 a.m. except with the permission cf 
the Collector of Excise Revenue. 

(5) Every bottle, jar or cask containing methylated spirit received 

into or kept for sale in the shop shall be conspicuously labelled or 
branded with the words u made and methylated in India v or <6 madA 
in and methylated in India or " made methylated in 

as the case may be^ ! 



The District of Abu.—( VIII —Orders under HeyulaHons 309 
locally applied.) 


(6) The shop shall not be located in the same building with a foreign 
liquor refreshment room, hotel, arrack, or toddy, or other shop for sale 
of intoxicating liquor for consumption on the premises. 

(7) This license shall be hung up in a conspicuous place in the shop. 

(8) The privilege of vend of methylated spirits shall not be sold, 
transferred or sub-rented except with the permission of the Collector. 

(9) The spirit shall not be of less strength than 50° over proof. 

(10) A correct account shall be kept of the daily transactions under 
this license in the following form. Such account and stock of the spirit 
shall be produced immediately on demand for inspection by any Abkari 
Officer of not lower rank than Inspector: — 


Date. 

1 

Opening 

balance. 

Quantity 

received. 

Source 

of 

supply. 

Total 
quantity 
in hand 
and 

received. 

Quantity 
sold (each 
tran¬ 
saction). 

^ainc 
of pur¬ 
chaser. 

i 

§•&£ 

agg 

_ aa 

Total 

quantity 

sold 

each day. 1 

l 

Remarks. 

1 

1 

2 

8 

4 

5 

G 

l 7 

8 

i 

9 i 

lo 


Gal. Bot 

Gal. Bot. 


Gal. Hot. 

Gal. Bot. 

f 


Gal. Bot. 

j 

l 


(11) An inspection note-book shall also be maintained intact with the 
pages numbered consecutively so that officers inspecting the shop may 
-enter their remarks therein. 

The note-book shall be handed over to the Collector of Excise Revenue 
or any officer authorized by him to receive it at any time on a receipt 
being given therefor. 

(12) In case of breach of any of the conditions of this license, it 
shall be competent to the Collector to impose a fine not exceeding Ra. 10, 
for every such breach of such conditions or to cancel the license forth¬ 
with. 

(18) The imposition of a fine or cancellation of this license under 
the foregoing condition shall not be held to prevent the holder of the 
license from being prosecuted under Excise Regulation I of 1916; 

(14) license ehall also be revocable by the Collector for any 
•other cause.on giving 16 days' notice of such, revocation* 








310 The District of Abu. — (VIII. — Order* under Regulations 

locally applied.) 


License for possession and ttse of methylated spirit by Oitemists 

AND OTHERS. 

1, Collector of Excise Revenue, hereby license 

you residing at to possess 

methylated spirit for use in the preparation of medical compounds for 
which such spirit ls prescribed, subject to the following conditions and 
stipulations to be observed by you, the sail, 


Conditions. 

(1) This license extends only to the possession and use, and not to 
the sale, of spirit rendered effectually and permanently unfit for human 
consumption by the admixture of caoutchoucine or other substances in 
accordance with the rules prescribed on the subject. 

(2) The spirit should be obtained from a licensed distillery and should 
not he of less strength than 50° over proof. 

(fl) The spirit thus obtained shall be kept only in the place of busi¬ 
ness and shall not he sold or utilized for purposes other than that speci¬ 
fied in the preamble; nor shall it be transferred to any other person. 

(4) The premises for which this license is granted shall he open to 
inspection by any officer of Excise not below the rank of Sub-Inspector; 
and the Collector of Excise Revenue shall he furnished with such infor¬ 
mation regarding the quantity of the spirit used in the preparation of 
medical compounds, etc., as may he required by him. 

(5) A correct account shall be kept of the daily transactions under 
this license in the following form. Such account, together with the 
license, permits and the stock of spirit, shall be produced immediately 
on demand foi inspection by any Abkari officer of not lower rank than 
Inspector: — 


Date. 


Opening 

balance. 


Quantity 

received. 


Source of 
supply. 


Total quantity 
in hand and 
received. 


Quantity 

used. 


Remarks. 


I 


2 


Bot. 


Gal. 


3 


4 


5 


Bot. 


Gal. 


a 1 


Bot. 


Gallons. Bottles. 












The Distekt of Abu. — ( V11L—Quiets under Reg\XaHons 311 
localhj af'plied.') 


(6) An inspection note-book stall also be maintained intact with 
tbe pages numbered consecutively so that officers inspecting the pre¬ 
mises may enter their remarks therein. Tbe note-book shall be handed 
over to the Collector of Excise Revenue or any officer authorised by him 
to receive it at any time on a receipt being given therefor. 

(7) In case of breach of any of the conditions of this license it shall 
be competent to the Collector of Excise to impose a fine not exceeding 
Rs. 100 for every such breach of such conditions, or to cancel the license 
forthwith. 

(8) The imposition of a fine or cancellation of this license under the 
foregoing condition shall not be held to prevent the holder of the license 
from being prosecuted under the Excise Regulation I of 1915. 

(9) This license shall also be revocable by the Collector for any other 
cause on giving 15 days’ notice of such revocation. 


Section 62 (h) (n). 

XVII. (1) Under rule 62 ( h ) ( ii) of the Excise Regulation the follow¬ 
ing scale of fees payable upon ganja, bhang, charas, and all prepara¬ 
tions made therefrom stored in the bonded warehouse at Abu is prescribed. 

For each package of drugs for every month or part of a month 
during which it is stored.four annas. 

(2) If ganja, bhang, charas and all preparations made therefrom be 
lodged in the warehouse the owner shall pay monthly, on receiving a 
bill or written demand for the same from the Collector or other officer 
deputed by the Collector in this behalf, warehouse dues calculated at 
the above rate. 

(8) If any bill for warehouse dues presented under rule 2 is not 
discharged within ten days from the date of presentation, the Collector 
may, in discharge of such demand (any transfer or assignment of the 
drugs notwithstanding), cause to be sold, in such manner as he may 
think fit, such sufficient portion of the drugs as he may select. 

(4) (a) Out of the proceeds of such sale the Collector shall satisfy* 
first, the duty payable in respect of the drugs sold, and, hejct, the de¬ 
mand in respect of which the drugs were sold, and shall then pay the 
surplus (if any) to the owner of the drugs on his application, 

(h) Provided that, if the drugs fafl to produce a sum ; sufficient to 
satisfy the siid duty and deimahd, the same instead of being sold may 
be destroyed or by order of the Collector, 




312 The District oe Abu,— (VIII.—Orders under Regulations 

locally aypherf.) 


( c ) Provided also that the application for such surplus (if any) as 
aforesaid be made within one year from the date of the sale of the drugs, 
or that sufficient cause be shown for not mo king it within such period. 


Section 62 ( d) and (g). 

XVIII. Rules in regard to the import, possession, etc., of ganja. 
bluing, charas and preparations made therefrom not being in the per¬ 
sonal possession of the importer and not in excess of the maximum 
quantity specified in rules III and VIII supra subject to the conditions 
of his lease and to the restrictions laid down in paragraph VII above. 


1 [Part I. 

Import of ganja, bhang , charas and all p)eparations made therefrom .] 

(1) A holder of a license for the retail supply of ganja, bhang, 
charas and all preparations made therefrom may import such drugs into 
the District from the bonded warehouse at Ajmer or from the Ajmer 
or Beawar drug farmers provided that a pass is obtained by him from the 
Collector of Excise Revenue of the district of Abu in that behalf. 

(2) The importer shall apply to the Collector of Excise Revenue, 
Abu District, in writing for such pass and the application shall be in the 
following form: — 

(i) Name of importer. 

(it) Quantity and description of drugs to be imported. 

(in) Persons in whose name pass is to be issued. 

(3) The Collector of Excise Revenue, Abu District, shall, unless he 
sees reason to the contrary, grant a pass in triplicate in such forms 
as the Hon’ble Agent to the Governor General may, from time to time, 
prescribe. 

The first part shall be given to the importer, the second shall be 
sent by post to the Collector of Excise Revenue of Ajmer-Merwara with 
a request to him to take action under the rules governing the issue' pf 
drugs from the Ajmer warehouse; the third shall be the counterfoil 
retained in the office of issue. , , 

(4) A register of passes issued under rule 3 shall be kept in the 
•offipe of the Collector of Excise Revenue, Abu District,. 

> Inserted by Notification No. 2072-7, dated the 20th April, 191ft. Qat&tee of 
P*. IT. ». 784. 



The DiSTiiKT of Abu. —t17/7 — <h<tc>s under It envied ions 313 
locally a pithed.) 


(5) The person named in the pass shall present it to the Collector 
of Excise Revenue, Ajmer-Merwara, in order that the said officer may 
return it to him after issuing a pass authorising him to purchase the 
drug either from the Ajmer or from the Beawar farmer and to export 
them to Abu. 

The Collector shall at the same time endorse on the pass presented 
to him by the holder the quantity of drugs to be removed and make 
similar entries on the back of the pass received by him by post before 
returning it by post diiect to the Collector of Excise Revenue, Abu 
District. 

The passes for the import of ganja, bhang, charas and all prepara¬ 
tions made therefrom into the Abu District granted by the Collector of 
Excise Revenue, Abu District, shall be in Form No. 1 and the Register 
of such passes issued kept in the office of the said Collector shall be in 
Form 2. 


Pakt II. 

Grant of Licenses for the retml sale of Ganja , etc. 

(1) The licenses for the retail sale of Ganja, etc., under section 18 
of the Excise Regulation shall ordinarily be granted annually but the 
Collector of Excise Revenue, Abu District, may, with the previous sanc¬ 
tion of the Hon’ble the Agent to the Governor General, grant a license 
for a period not exceeding 3 years. The said licenses shall be signed 
by the Collector, of Excise Revenue, Abu District, and shall be in 
Form III. 

(2) The licensee shall pay the amount of fees leviable for the retail 
sale by such instalments and on such dates as may be ordered by the 
Collector of Excise Revenue, Abu, at tbe time of sale of the right of 
retail sale by a public auction. 

(3) The licensee shall deposit in advance a portion of the amount 
payable by him for the term of bis license by way of security and shall 
furnish security for another portion in house property or Government 
Promissory Notes as may be determined by the Collector of Excise- 
Revenue, Abu. The amounts of Such advance or security shall be fixed 
by the said Collector, 

(4) The Jlon’ble the" Agent to the Governor General may abolish or 
alter any of the Forms prescribed in the foregoing rules, and uUy pre¬ 
scribe freeh Forms in substitution therefor or in addition thereto. 



314 The District of Abcj. — (VIII. — Orders under Regulations 

locally applied.) 

(5) Tile number and situation of shops for the retail sale of Ganja, 
Bhang, Oharas and all preparations made therefrom for which licenses 
are to be granted shall, subject to the directions issued by the Hon’ble 
the Agent to the Governor General for ascertaining and consulting local 
public opinion before new excise shops of any description are opened, 
be determined by the Collector'of Excise Revenue. 


FORM No. I. 

Pass for import of Ganja , Bhang , Chat as and all preparations made 
therefrom into the Abu District from Ajmer-Menvara. 


No. Date 

No. Date 

No Date 

1. Name of importer— 

1. Name of importer— 

1 Name cf importer— 

2. Name of person in charge of 
consignment— 

2. Name of pa son m charge of 
consignment— 

2. Name of person in oliargo of 
consignment— 

3. Description of Drugs— 

3. Description of drugs— 

3 Description of drugs— 

4. Quantity of drugs-*- 

4 Quantity of drugs 

4, Quantity of drugs - 

5. Period for which pass is 
current— 

5* Period for which pass is cur¬ 
rent— 

5 Period for which pass is cur¬ 
rent - 

Collector of Excise Revenue, 
Abu. 

Collector of Excite Revenue , 
Abu 

Collector of Excise Revenue , 
Abu* 



To 



The 



COLLECTOR OF EXCISE 
REVENUE, AJMBR- 
MERWARA. 

Si a. 


Forwarded to the Collector of Ex¬ 
cise Revenue* Ajmer-Merwara, 
with the request that upon the 
production of a copy of this 
pass by the person named in 
side heading ( ), it may 

be returned to hinr after the 
quantity of drugs to bo ex¬ 
ported has been endorsed upon 
it. It is requested that a simi¬ 
lar entry may be made on the 
back of this file, which should 
then be returned direct by 
post to the Collector of Excise 
Revenue, Abu 

I have the honour to request 
that on the production of this 
pass by the person named in side 
heading ( ), you will be 

good enough to return it to him 
after endorsing on it the quan¬ 
tity of drugs to be exported. It 
is requested that similar entries 
may be made on the back of the 
copy of the pass forwarded to 
you which should then be re¬ 
turned by post direct to this 
office. 

I hav** ofa, 


Collector of Excise Remttw, 
Abu* 


CeUetf&r of Excise Revenue, 
Abu 





The District of Abu.— {Till. — Ordeis under Regulations 315 
locally applied.) 


FORM No. II. 

• Register of pass for the import of Ganja, Bhang, Charas and all prepa¬ 
rations made therefrom into the Abu District. 


'Serial 

No. 

Bate of 
receipt. 

Name 

of 

person 

to 

whom 

granted 

Quantity and 
land of drags 
covered by 
the pass dis¬ 
tinguishing 
the sorts. 

From 

what 

place. 

Number 
of days 
for which 
pass is 
current. 

Bate of 
arrival 
of 

drugs. 

Quantity and 
kind of dmgs 
actually im¬ 
ported dis¬ 
tinguishing 
the sorts# j 

Remarks. 

1 

2 

3 

4 

3 1 

1 

6 

i 

7 

8 

9 




i 

i 











No. III. 

Form of License for retail Sale of Ganja, Bhang, Charas and all pre¬ 
parations made therefrom. 

Be it known that of is hereby 

•authorised by the Collector of Excise Revenue, Abu District, to sell 
bhang, ganja, charas and preparations and admixtures thereof, retail in 
the town or village of Abu in the District of Abu upon the following 
conditions, any infringement of which, or of any of the conditions, im¬ 
posed by the Excise Regulation (I of 1915) or by the rules made there- 
• under, shall render his license liable to forfeiture, and subject him to 
the penalty prescribed by law for such offence:— 

(1) That he shall pay monthly in advance on the 1st day of each 

month commencing on the.on account of the tight 

of retail sale the following sums:— 

That he shall be bound by the Excise Regulation and the rules 
framed thereunder by the Hon'ble the Agent to the Go¬ 
vernor General, Rajputana. 


IT 


M 






316 The District op Am:.—{V11L—Orders under Regulations 

locally applied.) 


That he shall make his own arrangements for obtaining supplies 
of ganja, bhang, charas and all preparations made there¬ 
from which he is hereby authorized to sell provided always 
that the drugs shall be purchased from the Ajmer or 
Beawar farmer and that he shall always maintain in his 
shop or shops such minimum stocks of ganja, bhang and 
charas and all preparations made therefrom of such kind as 
may be directed by the Collector. 

(2) That he shall only sell by retail up to the limits prescribed in 
paragraph IY of these rules, viz., Bhang or any preparation or admix¬ 
ture thereof 40 tolas, ganja or charas or any preparation or admixture 
thereof three totals. 

(3) That he shall keep a shop (or shops) only at the place (or places) 
noted in the margin, or at such other places as the Collector may from 
time to time permit or order, and shall make -sales only in it (or them) 
and nowhere else. 

(4) That he shall not receive grain, goods, ornaments, wearing 
apparel or other property in barter or pawn for ganja, bhang, charas 
and all preparations made therefrom. 

(5) That he shall keep his shop open only during such hours as may 
from time to time be prescribed by the Collector, and that he shall not 
harbour any person in his shop during the night. 

(6) That he shall not sell ganja, bhang, charas and all preparations 
therefrom to any persons under 16 years of age or to any insane person. 

(7) That he shall not permit persons of notoriously bad character to 
resort to his shop (or any of his shops); that he shall prevent gaming 
or disorderly conduct therein and shall be bound to give information to 
the nearest Magistrate or Police Officer or any suspected person who may 
resort to his shop. 

(8) That he shall keep such accounts of stock and sales as may be 
required by the Collector. 

(9) That the weights and measures used in his shop shall be such 
only as may be prescriljed^by the Collector, and shall be tested and 
stamped at his expense under the orders of the Collector. 

(10) That he shall have constantly fixed in a conspicuous part of this 
front of his shop a sign-board bearing in legible character in the Hindi 
language his name and the words ** Licensed to retail drugs/* 

(Ji) That he shall produce for inspection on the demand of the Col- 
lector or any Excise Officer his lease (or license) and accounts, and allow 
*Uch Officer access to his shop when required to do so. 



JThb District of Abu. — (VIII*—Orders under Regulations 317 

locally applied.) 


(12) That ganja, bhang, charas and all preparations therefrom 
supplied by him shall always be of good quality and free from adultera¬ 
tion. 

(13) That he shall not supply ganja, bhang, charas and all pre¬ 
parations made therefrom to European soldiers or Non-Commissioned 
officers, whether with their regiments or on the staff or in Civil employ, 
or camp followers of European regiments, or to any servants, natives 
or others, having access to European soldiers. 

(14) That he shall not sell ganja, bhang, charas, and all prepara¬ 
tions made therefrom on credit, 

(15) That consumption of bhang, ganja, or charas, or any prepara¬ 
tion or admixture thereof shall not be allowed on the premises. 

(16) That m the event of the license-holder placing any male mem¬ 
ber of his family in charge of his shop, he shall be personally respon¬ 
sible in all respects for the acts and omissions of such person. 

(17) That he shall not permit any child below the age of 16 and 
female or eunuch to sell or assist in the sale of drugs upon his premises, 

(18) ’•[That if he has in his possession after the expiry of his license, 
Ganja, Bhang, Charas or any preparations made therefrom which he is 
unable to dispose of, he shall surrender the same to the Collector who 
will make the drugs over to the incoming licensee at rates to be deter¬ 
mined by the Collector.] 

(19) This license shall have effect from the 

day of , and unless renewed by the order 

of the Collector by the day of , being the expiration of the 

period for which it was granted, shall cease to remain in force, notwith¬ 
standing that a special order recalling it has not been issued by the 
Collector. 

(20) This license may be recalled by the Collector. 

(a) for violation of any of the conditions specified in this license ; 

' (6) if the holder of this license be convicted of breach of the 
peace, or of any other criminal offence during the currency 
of this license. 


Section 62 ( k ). 

XIX. Under section 62 (h) the Collector of Excise Revenue is 
appointed to grant licenses for the sale of Ganja, Bhang, Charas and 
all other preparations made therefrom by retail sale under the said Regu¬ 
lation. 


1 Substituted by Notification No. 2072-7, dated the 29th April, 1918, 
India, 1918, Pt. 3 , p. 784. 


Gazette of 
H 2 




318 The District or Abu.— {VIII. — Orders under Regulations 

locally applied.) 

XX. In exercise of tlie powers conferred by section 67 of the Excise 
Regulation and with reference to the rules contained in rules 8 and 9 
of paragraph IX of these rules the Hon’ble the Agent to the Governor 
General in Rajputana is pleased to exempt the following medicinal pre¬ 
parations of cocaine from the provisions of the Excise Regulation, 1915 
(I of 1915) and rules thereunder: — 

(1) Mist Hepatica Compound. 

(2) Pigment cocaine and Hydrag Perehloride. 

(3) Ampoules containing Cocaine in admixture with Adrenalin, 
Hemisine or Epinine when labelled by the makers as containing not 
more than -Jrd grain of cocaine in each ampoule. 

(4) Coca cordial. 1 

(5) Elixir Damiana (compound). | 

(6) Ixidama and other similar When labelled by the makers as 

palatable preparations. - containing not more than half 

(7) Kola compound. of a drachm of Ext. Coca 

(8) Kola Cordial. Liq. in each fluid ounce. 

(9) Tonic Coca Wines. 

(10) Cocaine hypodermic and other tablets: — 

(а) Homatropine and cocaine. 

(б) Atropine and cocaine. 

(c) Pilocarpine and cocaine. 

(d) Aromatic throat tablets containing menthol, myrrh, kramerisr 

and cocaine l/32nd gr. 

( e ) Aseptoids, Dr. Macnaughton Jones, each containing 1 / 16th gr. 

of cocaine hydrochloride. 

(11) Ointments containing cocaine or other derivatives of coca in 
admixture with other drugs and rendered nauxeous to the taste. 

(12) Ophthalmic tablets when labelled by the makers as containing' 
pot more than 1 / 20th grain of cocaine hydrochloride in each tablet. 

(13) Other preparation containing cocaine, other derivatives or c6c& 

in admixture with other drugs, when labelled by the makers as con¬ 
taining in the aggregate not more than such specified percentage of 
cocaine hydrochloride or other derivates of coca per tablet trochiscton, 
pastille, solube, sterule, enule, lamella or fluid drachm as will render 
it possible for any such preparation to be taken for the effects of cocaine 
or any other derivative of coca alone. ; 

Provided that— 

(i) the exemption grafted does not apply to the import of these* 
preparations by sea through the post< - 



Tiie District of Abu. — (VIII.—fhdets under Regulations 319 
locally applied.) 


(n) Every preparation shall be labelled with the manufacturer’s 
name. 

(in) The exemption allowed by these orders shall not extend to 
preparations manufactured by any maker or firm whose 
produce may be declared by the Local Administration to he 
excluded from the scope of these orders. 

XXI. In exercise of the powers conferred by section G2 (1) of the 
Excise Regulation I of 1915, the following rules are made to regulate the 
grant of rewards for prevention and detection of offences under the said 
Law: — 

(1) When an offender has been convicted under sections 33, 34, 35, 
39 and 40 of the Excise Regulation, 1915, the Collector may grant to any 
person who has contributed in any way to the conviction a reward equal 
to the fine imposed upon the offender. In no case shall rewards be 
granted by the trying Magistrate. 

(2) If a prosecution has failed to result in a conviction, or if no 
sentence of fine has been imposed, the Collector may grant a reward 
up to a limit of Rs. 100 in each case to any person or persons whom he 
may consider to deserve it. 

(3) If the Collector is of opinion that the reward he is empowered 
to grant to any person under the above rules is insufficient he may, with 
the previous sanction of the Agent to the Governor General, grant a 
larger reward not exceeding Rs. 500 in amount. 

(4) Collectors ai*e reminded of the importance of granting rewards 
with adequate, but not excessive liberality; and of paying them with 
promptitude. 

(5) The Collector may at his discretion incur expenditure not exceed¬ 
ing. Rs. 100 or, with the sanction of the Agent to the Governor Geneial, 
not exceeding Rs. 500, for the employment of informers, the reimburse¬ 
ment of Excise Officers for expenses incurred in the detection of offences 
against the Excise Regulation, 1915, or for any other purpose connected 
with the prevention or detection of such offences. 

(6) All revenue officers below the rank of Tahsildar, all police officers 
up to and including Inspectors, and all Excise officials except Gazetted 
Officers are entitled to receive rewards. 

[Gazette of India, 1917, Pt. II, p. 2198.] 

Rates of still head duty on country liquor imported for coUsumptio^ Jtfig 

of retail sale of spirits. 

173-D. M,j dated the 22nd March, IP2P.—In exercise of the 
powers Conferred on , hina by section 24 of the Excise Regulation, 1915 



320 The District of Abtj. —( VIII.—Orders under Regulations 

locally applied.) 


(Regulation I of 1915), as applied to the District of Abu, the Hon’ble 
the Agent to the Governor General is pleased in supersession of all pre¬ 
vious orders on the subject, to impose the following rates of still head 
duty on country liquor imported for consumption in the District of Abu, 
with effect from the 1st April, 1929. 

Rs. A* F. 

On 25 U. P. bulk gallon.4 14 0 

On 50 U. P. bulk gallon. .380 

2. The retail Licensee is authorised to sell the spirits at the following 
rates from that date: — 


25 U. P. Mohwa spirit . 
50 TJ. P. . 


Per gallon 

Rs. a. P. 

8 4 0 
5 4 0 


Per bottle. 

Rs. A. F. 
16 0 
0 14 0 


Per dram. 

Rs. A. F. 
0 2 9 
0 19 


[Gazette of India, 1929, Pt. II-A, p. 136.] 


Duty on imported charas . 

No . 1313, dated the 18th August , 1923 .—In exercise of the powers 
conferred by section 24 of the Excise Regulation I of 1915, as applied to 
the District of Abu and all other powers enabling him in this behalf, the 
Hon’ble the Agent to the Governor General, Rajputana, is pleased, in 
supersession of all previous orders on the subject, to impose a duty of 
Rs. 60 a seer on charas imported for consumption in the said District, 
with effect from the 1st April, 1924. 

[Gazette of India , 1923, Pt. II, p. 1438.] 




The District op Abu. — (IX.—Oiders under Local Laws.) 321 


IX.—Orders under Local Laws. 

Abu Municipal Law, 1919. 

Limits of Abu Municipality. 

No. 3686, dated, the 10th July, 1910 .—In exercise of the powers 
conferred by section 1 (2) of the Abu Municipal Law, 1919, 1 the Hon’ble 
tbe Agent to the Governor General is pleased to order that the limits of 
the Abu Municipality shall comprise the area within the cordon of pillars 
bearing IN'os. 1—54 situate in the District of Abu as described by the 
Notification 2 of the Government of India in the Foreign and Political 
Department No. 2221-1. B., dated the 1st October, 1917. 

{Gazette of India, 1919, Pt. II, p. 1326.] 


Tax on buildings and lands. 

No. 161—1 (a), dated, the 3rd February, 1926 .—In supersession of 
Notification No. 824-0., dated the 29th February, 1924, and in exercise 
of the powers conferred on him by section 24 (1) (a) of the Abu Muni¬ 
cipal Law, 1919, 1 the Hon’ble the Agent to the Governor General is 
pleased to impose a tax of Its. 3 [1|] per cent, on the annual value of the 
buildings and lands situated within the Abu Municipal Area, to be levied 
with effect from the 1st April, [1929] 3 . 

2. Under section 28 (2) of the said Law, the Hon’ble the Agent to 
the Governor General is pleased further to exempt all Government 
buildings and lands situated within the said area from payment of the 
said tax. 

[Gazette of India, 1925, Pt. II-A, p. 69.] 


Tax on persons entering the Municipal area from Abu Road. 

No. 624, dated the 8th April, 1924 .— In exercise of the powers con¬ 
ferred by sub-section ( 1 ) of section 24 of the Abu Municipal Law, 1919. 1 
the Committee with the previous sanction of the Governor General, in 
Council is pleased to impose with effect from the 10th April, 1924, the 
following tax to be levied on persons entering the Municipal area from 
Abu Road:— 

(a) in the case of persons travelling in a motor service special or 
. unreserved car or in any car belonging to the Hotel Sfcel- 

1 iWnted mpnt. p. 92. . ■ . 

p * 7 |«« a®*' Notification No. 264-1., dated the 24th April, 1829. Printed supra, 

of iSSS* S2-0- C./29, dated the May, .1&. QcmtU 



322 The District of Abu. — (IX. — Orders under Local Laws.) 


tonia, Be. 1 per head: 1 [provided that any person whom 
the motor contractors, owing to the exigencies of the service, 
permit to travel in such car, though holding a ticket of a 
lower class, shall pay according to the rate for such lower 
class.] 

(6) in the case of persons travelling by motor service lorry— 

(i) holding 1st class motor tickets. As. 8 per head, 

(ii) holding 2nd class motor tickets, As. 4 per head, 

(Hi) holding 3rd class motor tickets, As. 3 per head. 

(c) in the case of persons travelling by contractors’ bullock carts, 
Anna 1 per head. 

Provided as follows:— 

(1) the tax shall not be payable by or in respect of the following 
persons, namely: — 

(a) pedestrians, persons travelling in Bazar carts, persons travel¬ 

ling in their private cars and persons possessing return 
halves of tickets taken at Abu. 

(b) His Highness the Maharao of Sirohi, his family members 

and his followers as well as the six chief officials of the 
State (namely, Diwan or State Secretary, the Private 
Secretary to His Highness, the Vakil, the Revenue and 
Judicial officers and the Superintendent of Customs and 
Excise), 

a [(c) All bond fide residents of Abu.] 

2. The tax shall be recovered at Abu Road by the Motor and Bullock 
cart Contractors and by the Proprietor, Hotel Skeltonia, in respect of 
the persons travelling in his car. 

[Gazette of India , 1924, Pt. II-A, p. 127.] 

Abu Municipality Octroi Rules. 

With the sanction of the Hon’ble the Agent to the Governor General 
in Rajputana the Municipal and Sanitary Committee of Mount Abu 
have decided to levy an octroi tax on goods brought into, or anfmah* 
slaughtered within the station, at the rates shown in the appended sche¬ 
dule and under the following conditions:— . 

I.—Articles Liable to Octroi duty with Exemptions. 

1* Articles liable to Octroi duty. —Subject to the following exemp¬ 
tions, duty an shown in the schedule hereto annexed ik 11 be levied dfc 

NotificationNo. 750, dated the 19M. Gazette 

1924, Ffc. JLL~A, p. 171. , < t , 

1 p * ^Notificatioa No. 768, dated tho 16th May. 1924. Gaiett* of JfxMo* 




The District or Abu, — (IX.—Orders under Local Laws.) 323 


goods brought into or animals slaughtered within the Abu Municipal 
limits for use and consumption therein: — 

Exemptions. 

(a) Articles imported or procured by Commanding Officers for the 
use and consumption of their men and regimental followers. 

(&) All passengers 5 luggage for bond fide use, excluding anything 
brought for sale. 

(c) Articles ordinarily intended for private or personal use which 

have been previously in the use of the importer. 

(d) All articles not of the same kind or material the duty on 

which would be severally less than a pice. 

(e) All articles that have already paid duty under these rules 

provided that refund has not been made on them. 

(/) Articles manufactured or produced within the Abu Municipal 
limits even if re-imported. 

(g) Goods or animals the property of which is vested in Govern¬ 

ment at the time they pass the barrier, if accompanied by 
an invoice with the endorsement of the proper officer of 
Government certifying that they are the property of Gov¬ 
ernment. 

Explanation I. —Goods or animals the property of which is not vested in Gdvem-' 
ment at the time they pass the barrier but which, being imported with a view to 
the fulfilment of a Government contract or otherwise intended for the use of 
Government, will in the ordinary course of things, become the property of Govern¬ 
ment after importation, shall on passing the barrier be declared in writing as 
intended for the use of Government, viz,, in fulfilment of a certain specified con¬ 
tract, the duty on them shall then be paid and subsequently, if they actually do 
become the property of Government, the octroi duty shall he refunded in full and 
without any minimum limit of the amount of refund, on production of a certificate 
to that effect by the departmental officer concerned. 

(h) Parcels of fresh fruits, sweets and cakes or of made-up clothing 

(sewn cloths) either plain or with lace, etc., when intended 
for private or personal use. 

(i) All goods imported through the Post Office except value-pay¬ 

able articles the Railway receipts for which only are sent 
through the Post Office. 

O’) Old or second-hand articles when brought for fide private 
use. 

(k) Wearing apparel with or without lace, titensils and articles of 

food when found in possession of marriage partied, 

(l) trsittd Mongmge, of theatrical, niusical, concert, oihemato- 

grttphr circus, equestrian and other'similar companies and 
oth«r performers of a like nature intended for their b<m& 




324 The District or Abu.— (IX. — Orders under Local Laws.) 


fide use, provided they are taken back within a specified 
time, a pass being* issued in this case. 

{in) Parcels taken out by wholesale or retail dealers for sale out¬ 
side Municipal limits and wholly or unsold portion thereof 
eventually re-imported, provided that the exporter shall 
have obtained a pass from the Head Octroi Office specifying 
the description, quantity, weight, number and value of the 
contents which should be produced on re-import. 

II. —Assessment and Collection. 

Octroi Posts. —A central Octroi Post and Octroi Outpost shall be 
established at such points as the Committee may from time to time 
determine. 

3. Payment of octroi duty. —No goods liable to octroi shall, except as 
laid down in clause (2) (a) of rule 5, be imported into the Municipality 
until the octroi duty on articles liable to the payment of duty as declared 
by the Municipality has been paid at the Head Office. 

Similarly, no animal liable to payment of duty shall be slaughtered 
within the Municipality until the duty has been so paid. 

4. Services required from importers. —All persons bringing or receiv¬ 
ing dutiable goods into or slaughtering animals within the Municipality, 
shall so far as may be within their powers, give or communicate all such 
information or exhibit or produce all such bills, invoices, receipts or 
other documents of a like nature which they ,may possess relating to the 
articles as may be necessary to enable the octroi officials to ascertain, 
assess or collect the "amount of duty leviable; and such persons shall 
afford the octroi officials every facility for the purpose of having their 
goods appraised and, when required to do so, shall permit them to 
inspect, weigh, examine, measure or otherwise appraise or deal with the 
whole or any portion of the goods or animals for the purpose of assessing 
or collecting octroi duty thereon, checking the payment of such duty or 
parrying out any other provisions of these rules. 

5. Procedure for levy of octroi duty. —(2) In the case of goods brought 
for consumption, storage, use or sale within the Municipality, the octroi 
chargeable on the goods shall he paid in the following manner— 

(a) Goods brought through outpost*-*- In the case of, goods brought 
through any octroi outpost the Moharrir in charge of it 
shall draw up a pass in triplicate or, if the octroi due is 
Jig. 0-44) or less and the payment is tendered at the outpost* 
a receipt in triplicate. 

Hods of payment of octroi duty *—*The Moharrir shall detain the, 
cotmterfoil with him, transmit the duplicate to the Head 
Octroi Ojftce, and, give the triplicate to tho iniporter;, 




The District of Abu. — {IX.—Orders under Local Laws.) 325 


importer shall within three days from the date of import 
pay the amount of octroi duty at the Head Octroi Office. 
In case the Octroi duty remains unpaid at the expiration 
of the three days allowed, an extra charge of an anna per 
rupee or fraction thereof with a minimum of one pice per 4 
annas will be levied subject to the sanction of the Secretary 
if the duty is paid within a week of the date of import. If 
the duty still rein a ms unpaid the importer shall be liable to 
the consequence of evasion of duty {vide rule 10 below). 

Receipt .—The Moharrir at the* Head Octroi Office shall draw up 
in duplicate a receipt, issued m the name of the importer, 
in the larger form if the amount of duty paid exceeds Rs. 2 
and in the smaller form in other cases. One copy shall be 
given to the importer and the other shall remain as a 
counterfoil in the receipt book. 

(b) Goods brought direct through the Head Octroi Office .—In the 

case of goods brought direct to the Head Octroi Office, the 
Octroi Moharrir shall draw up in duplicate a receipt, one 
copy being given to the importer and the other remaining 
as a counterfoil in the receipt book. 

(c) Goods brought in Railway parcels .—In the case of articles 

imported as parcels through the Railway Out-agency, the 
consignee shall, immediately after taking delivery, exhibit 
the invoice or in absence thereof open the parcel at the 
Head Octroi Office and pay the duty there. 

{d) Animals slaughtered .—In the case of sheep and goats slaugh¬ 
tered, passes shall be issued by the Sanitary Inspector and 
Octroi dues shall be collected at the Head Octroi Office, 
and receipt therefor shall be issued by the Moharrir. 

6. (a) Determination of the value of goods for assessment of Octroi .— 
Before the octroi duty is paid the original invoice ( bijak ) bearing the 
signature of the despatching Agent,, if any, shall he produced at the 
Head Octroi Office for check and may be considered valid and accepted 
as evidence of the value of the goods. 

All goods on which an ad valorem octroi is yjdll, be taxed 

according to their full value as given ih the original bill or invoice 
, (M/aft) from the despatching station. 

■ ; (b) the event Of there being no invoice or Bill in 

tKe possession of the importer* a declaration must be made and signed by 
the impprleor at the Head Octroi Office, fyecifyifag the nature, number^ 
weight and value of the goods and the octroi will be levied accordingly; 



$26 The District of Aim.— (IX.—Orders under Local Laws.) 


( c) Non-declaration .—Should the importer or his agent refuse to 
make a declaration of the value of the goods the same shall be appraised 
according to the market value in Abu and the octroi levied on the same. 

(d) Iwooice when subsequently received. —When the invoice is subse¬ 
quently received by the importer he shall be bound to produce the same 
at the Head Octroi Office for check and shall pay or with the permission 
of Tahsildar, Abu, receive back, as the case may be, the difference of 
duty, if any, on account of octroi that may after such check be found to 
be due by him or due to him. 

(e) Production of railway receipt. —In the case of dutiable goods 
imported by Railway goods train, the railway receipt shall be produced 
in addition to the invoice ( bijak) bill or declaration required under rule 6 
( b ) before the goods are allowed to pass. 

7. Authority for inspecting Octroi receipts. —All importers shall on 
demand permit any Octroi official or the Tahsildar of Abu or the Secre¬ 
tary or any member of the Municipal Committee to inspect any Octroi 
receipts or dutiable goods in their possession. 

8. Compounding for payment of octroi .—The Secretary may offer to 
compound with any person or classes of persons for the payment of octroi 
which is or may become due from them in respect of goods imported for 
their private use and not for sale for such periods and at such rates as he 
may think fit. The composition fixed in each case shall be subject to 
the approval of the Committee. 

9. Refund, of Octroi duty. —On the export of dutiable goods beyond 
the Municipal limits the exporter shall be entitled to a refund of the 
amount of the octroi paid on the import of those goods but no refund 
shall be claimable if the amount to be refunded be less than eight annas. 


III.— Penalties. 

10. Infraction , evasion or infringement of rules , etc., and punish* 
ment .—Any person intentionally evading or attempting to evade the 
payment of octroi on any goods brought into or animal slaughtered 
within the Municipality or infringing or attempting to infringe any of 
the foregoing rules or in any way obstructing the Committee or arty of 
their servants in the performance of their duties connected with Octroi 
under the said rules, .shall, on conviction before a Magistrate, be liable 
to fine which iaay extend to Rs. 50. The Chairman, an officer to be 
appointed by the Hon’ble the Agent to the Governor General, Raj putana, 
or any member of the Municipal Committee nmy apply to a Magistrate 
for mmmmm against such offenders. 



The District of Abtj. — (IX.—Orders under Local Laws.) 327 


Schedule of Octroi duties to be levied in Abu. 
1 —Articles of Food and Dnnk for men and 


animals . 

No. Name of articles. Rates. Per 

Rs. A. P. 

1. Rice . 2 5 6 p. o. adv. 

2. Ghee .0 10 0 per maund. 


3. Sugar (Refined and unrefined). 0 4 0 „ 

4. Fruits dry except Moongphali and Khopra . . 0 10 0 >, 

6. Minerals and aerated waters and all unfermented 

and non-alcoholic beverage. 3 2 0 p. c. adv. 

6. Edible goods manufactured in India and Australia 

other than drugs and medicines . . . .3 2 0 ,, 


II,—Animals for Slaughter. 

7. Sheep and goats.0 16 per head. 

Ill.—Articles for Fuel Lighting and Washing. 

8. Cinders (burnt coal) . 0 0 6 per maund. 

9. Oils made from Til, Sarson, Alsi and Khopra . . 3 2 0 p. c. adv. 

10. Hair oils, toilet articles, perfumery and soap . . 3 2 0 „ 


IV.—Articles used in the Construction of Build¬ 
ings, Carriages , Furniture , etc. 

11. (a) Bamboos. 0 2 6 per 100. 

(b) Bailies (Poles) and Dandas.4 11 0 p. o. adv. 

(c) Timber including Planks . . . . 4 11 0 „ 

12. Munj, Ban, Bhongla, Rope and string of all kinds . 4 11 0 ,, 

Buildings , Stones, rough. 

13. (a) Patties 6 4 0 „ 

(b) Sardals . 6 4 0 „ 

(c) Katlas 6 4 0 „ 

(d) Ail other stones and articles made thereof in¬ 

tended for buildings. 6 4 0 „ 

14. Lime of all kinds. 0 12 6 perlOOmdi 

16. Cement. 6 4 0 p. c. adv. 

V. — Drugs , Spices and Gums . 

16. Gums (Copal or articles made of gum and gum resin) 3 2 0 „ 

17. Spices and betel-nuts . 4 11 0 „ 


VI.—Tobacco. 

18. Tobacco of all kinds.3 2 0 

VII. — Piece-goods and other textile fabrics and 
mcuiwfactured articles of clothing and dress. 

19. Cotton piece-goods including carpets and durries 

20. Haberdashery and millinery .... 

21. Laces, golds and silver and kalabatoon . 

22. European piece-goods and doth, fine . . . * 3 

23. 'OMlS 6ouAtry doth * * * * #3 

24. and woollen doth * « . 4 

25. Thread and articles madb thereof not otherwise pro- 

■ tidod for , , , *, ,, . m > ,*■ , v 3 2 0, 


a 2 
3 2 
5 4 


9 

0 

0 

0 

O 

0 


r9 
79 
9t 
97 
9f 







328 The District oe Abu. — (IX. — Orders under Local Laws.) 


VIII —Metals. 


No 


Name of articles. Rates. Per 

Rs. A. P. 


26. Metals and articles made thereof in whole or part 

except Machinery for Industry 

27. Gold, Silver and Electro-plated articles brought for 

sale . 

28. Vessels, new. 

29. Vessels, old. 

30. Corrugated iron sheets. 


3 2 

3 2 
0 5 
0 4 
0 4 


0 p. c. adv. 


0 


)> 


0 per maund. 


0 

0 


)3 

Jf 


IX.—Dyeing and Colouring Materials . 

81. All dyeing, colouring and painting materials and 
paints including red lead, turpentine, white lead, 
white zinc, glue and putty and amlyne dyes . 3 2 0 p. c. adv. 


X. — Miscellaneous. 

32. Flax, Hemp, Jute, Coir and articles made thereof .320 

33. Stationery including paper, paste boards, mill boards 

and card boards ruled or punted form and account 

and manuscript books.3 2 0 

34. Furniture new or for sale.3 2 0 

35. Umbrellas, Parasols and sun-shad os of all kinds .320 

36. Rubber and articles made thereof . . . .320 

37. Fireworks, toys and sports goods . . . .320 


[,Agency Notification.] 


Tax on hawJcers. 

No. 1808 — 3, dated the 13th November , 7 923. —In exercise of the 
powers conferred by sections 24 (7) (h) and 112 (2) (b) of the Abu Muni¬ 
cipal Law, 1919, 1 the Hon’ble the Agent to the Governor General is 
pleased to make the following Rules for the assessment and collection 
of tax on hawkers plying their trade in Abu Municipal Area: — 

1. The term “ hawker ” shall mean and include all itinerant vendors, 
who take and expose goods for sale outside the limits of the Abu Bazar; 
hut it shall not apply to the sale of goods by a shop-keeper or hotel- 
keeper at his shop or hotel situated outside bazar limits nor to goods 
taken out of bazar limits for sale by a bond fide shop-keeper on a written 
order of a cnstonler. 

N , ' 

2. The limits of the Atm Bazar are coterminous with the group of, 
houses comprised in Blocks A to H of the Municipal Register, 

3. No hawker shall ply his trade within Municipal, limits Unless W 
shall have first obtained a license from the Municipal Committee. 

1 Printed tupra, p. 92, 





The District oe Abu. — {IX.—Orders under Local Laws.) 329 


4. Such license shall be valid for one year commencing from the 1st 
April* and shall be subject to the following conditions:.— 

(1) The licensee shall pay tax in advance as below; — 


(а) Dealers m jewelleiy including ai tides of gold, silvei, ivory, 

semi-pi ecious stones and curious and other travelling and 
commercial agents. 

(б) Dealeis of cloth including cotton, silk and woollen goods . 

(c) Dealers in articles of oilman’s stores ... 

(d) Dealers m othei articles who do not come under the above 

heads . 


Rs. 


30 

25 

20 

10 


(2) No goods shall be exposed for sale at night, i.e ., after half an 
hour after sunset and before half an hour before sunrise. 


(3) The licensee shall not make any loud cry or noise for the purpose 
of attracting attention to his goods. 

(4) The licensee shall not sell or attempt to sell or attract attention 
to his goods on any road, path or other public place prohibited by the 
Municipal Committee. 

[Gazette of India , 192b, Pt. II-A, p. 368.] 


Tax on motor vehicles. 

No * 32-C. C./29 , dated the 21st February , 1929 .—In exercise of the 
powers conferred by section 24 (!) ( c ) of the Abu Municipal Law, 1919, 1 
the Committee with the previous sanction of the Agent to the Governor 
General, is pleased to impose a tax at the following rates on motor 
vehicles kept within the Abu Municipal area during any financial year 
or part thereof for purposes other than hire; — 


Rs. 

(1) On the ist motor vehicle so kept.100 

(2) On the 2nd motor vehicle so kept.200 

(3) On any motor vehicle so kept in excess of two . , . 400 

[Gazette of India , 1929, Pt. II-A, p. 96.] 

Horse tax. 

No. 746 , dated the 29th May , 1922 .—In exercise of the powers con* 
ferred by sections 24 (J?) (e) and 112 (2) (?>) of the Abu Municipal Law, 
1919, 1 the Hon'ble the Agent to the Governor General is pleased to make 
the following rules for the assessment and collection of fiorse-th^ in the 
Abu Municipal Area: — 

these rules shall come into force with effect from the 1st April, 1822, 

2. JL'fcX of Bs. 5 per annual shall fee levied on each horse or pony 

' v Printed' p* > 





330 The District of Abu.— (IX.—Orders under Local Laws.) 


3. No tax shall be levied on any horse or pony kept within Municipal' 
limits for a period not exceeding 10 days. 

4. The tax leviable under these rules shall be payable on demand. 

5. Persons taking up residence in the Municipal Area shall be bound 
to return to the Sercetary, Municipal Committee, duly filled in a state¬ 
ment which is sent to them on arrival within 24 hours of the receipt of 
the statement and Rhall be bound to report any subsequent acquisition 
of horses or ponies liable to taxation under these rules within 7 days of 
such acquisition. 

6. Any person committing a breach of these rules shall be liable to 
penal assessment amounting to double the tax leviable on the horse or 
ponies or shall be liable on prosecution and conviction by a Magistrate to 
a fine not exceeding fifty rupees. 

[A gen eg Notification . ] 


Dog-tacr. 

No. 305 —J l-IV, dated the 6th March , 1923 .—In exercise of the powers 
conferred on him by sections 24 (1) (c ) and 112 (2) (b) of the Abu Muni¬ 
cipal Law, 1919, ^ the Hon’ble the Agent to the Governor General is 
pleased to make the following rules for the assessment and collection of 
dog-tax in the Abu Municipal Area: — 

These rules shall come into force with effect from the 1st March, 1923. 

2. In these rules the term u dog ” shall include puppies over three 
months old. 

3. A tax shall be levied at the rates noted below: — 

Rs. 2 per annum for each dog up to 2 dogs. 

Rs. 4 per annum for each additional dog after 2, up to 5 dogs. 

Rs. 6 per annum for each additional dog, after 5 dogs. 

4. No tax shall be levied on any dog kept within the Municipal limits 
for a period not exceeding 10 days. 

5. Taxes leviable under these rules shall be payable on demand. 

6. Persons taking up residence in the Municipal area shall be bound 
to return, to the Secretary, Municipal Committee, duly filled in a state* 
ment which is sent to them on arrival, within 24 hours of the receipt of 
the statement and shall be bound to report any subsequent acquisition 
of dogs liable to taxation under these rules within 7 days Of such 
acquisition. 

7. Any person committing a breach of these rftles shall be liable, toa 
penal assessment amounting to double the tax leviable on the dogs! 

f_,_,_______, ,» . ,| , tt . I. _ 4 , ,., _ t 

1 Priated mpra, p, S6. 




The District of Abu.— (IX.—Orders under Local Laws.) 331 

shall be liable, on prosecution and conviction by a Magistrate, to a fine 
not exceeding fifty rupees. 

[Gazette of India , 1923, Pt. II, p. 446.] 

Rules for control of rickshaw traffic . 

No. 2205-Cdated the 19th December , 1919 .—In exercise of the 
powers conferred by ^section] 112 (2) ( e) of the Abu Municipal Law, 
1919, 2 the Hon’ble the Agent to the Governor General, Rajputana, is 
pleased to make the following rules for the * * * 2 control of Rickshaw 

traffic in the Abu Municipal Area: — 

1. No rickshaw shall ply for hire in the Municipality of Abu except 
under a license issued by the Municipal Committee. 

Noth.—R ickshaws hired out by the month or for any other specified period are 
held to “ ply for hire 

2. Such license shall be issued * * * 2 for each rickshaw for a 
period of half a year, namely, from— 

(a) 1st March to 31st August. 

(b) 1st September to the last day of February and subject to the 

following conditions: — 

(1) The license shall not be transferable. 

(2) The licensee shall maintain the rickshaw in proper repair 

and shall comply with all orders of the Secretary, Muni¬ 
cipal Committee, Abu, to repair or put necessary acces¬ 
sories in the rickshaw. 

(3) The licensee sh$H not without good cause refuse to hire out 

the rickshaw to any person demanding the same and 
offering payment at the prescribed rates. Provided that 
he shall not be bound to supply coolies without the rick* 
shaw or the rickshaw without the coolies. 

(4) The rates for hire shall be as follows: — 

Day. Night. 

Rs. A. P. Rs. A. P. 

1. Rickshaw with 8 coolies for 8 hours or less .2 0 0 2 8 0 

2. For every additional hour or less . . .6 4 0 0 4 0 

8. Rickshaw without coolies for 8 hours or less 0 12 0 0 12 0 

4. For every additional hour or less . . .0 8 0 0 8 0 

Nora 1.-—The above rates are not intended to affect the scheduled rates under 
, the Transport Contract between Abu and Abu Road for Rickshaws. 

Nor» licensee is net precluded from charging lower rates than those 

prescribed above. 

, It , . . . y " ' I , HI * . ' ' . « ■ — . ..—. I . .— ,— 

1 Substituted and omitted by Notificatiou No. 82*0. 0./29, dated the 21st Febru¬ 
ary* 1929, <te*m of ftwRfc, 1929, Ft. tLA, p. 96. 
t * Printed mwm. t». 92. 




332 The District of Abu. — (IX.—Chtiers untier Local Laics.) 


(5) The licensee shall maintain two registers in such form as 

the Committee may from time to time prescribe in this 
behalf (1) showing all rickshaws hired out by the month 
or for any specified period, and (2) all rickshaws kept for 
daily hire. 

(6) The licensee shall provide for each rickshaw not less than 3 

coolies. 

(7) The licensee shall produce any register, rickshaw or coolie 

for inspection at such times and places as may be required 
by any person authorised by the Municipal Committee in 
this behalf. 

(8) Every licensed rickshaw must display clearly— 

(1) its number, and 

(2) a copy of the sanctioned schedule of fares. 

3. A licensee contravening any of the above conditions shall be liable 
to suspension or cancellation of his license and, on conviction by a Magis¬ 
trate, to a fine not exceeding Us. 50 for each offence. 

[Gazette of India, 1919, 1H. II, p. 2233.] 

Regulation of traffic on the Abu Cart Roati . 

No. 57$-C.—1 (a), dated the 12th February , 1924 .—In exercise of 
the powers conferred on him by sections 24 and 112 (2) (e) of the Abu 
Municipal Law, 1919, 1 the Hon’ble the Agent to the Governor General 
is pleased to make the following rules to regulate the traffic on the 
portion of the Abu Cart Hoad lying within the Abu Municipal Area: — 

1. No pack animals or carts drawn by bullocks or buffaloes shall ply 
within the Abu Municipal Area except under a license, which will be 
issued by the Secretary, Municipal Committee, on payment of anna one 
for a pack animal and annas four per cart, available for three months, on 
the following conditions: — 

(1) That the cart is in good order and repair in all its parts. 

(2) That the nose-strings for bullocks or buffaloes are made of 

cotton only. 

(3) That the bullocks or buffaloes and pack animals are in good 

health and condition. 

2. Each cart shall bear a number conspicuously painted on the cart 

corresponding to the number of license granted and each pack , animal 
shall bear such number on the hoof. ,,, 

3. Any persons comrititting a breach of any of the fpire^oin^ riloe 

shall, on conviction before a Magistrate, be liable to a fine not exceeding 

B*. 20. i 

[Gazette of 1924, Et v II-A, p* 71:] 

* Printed; mpra^ ,p* , 


The District of Arm.— (IX,—Orders under Local Laws.) 333 


Sca cengmg Tax. 

No. 1989-1 (a), dated the 23rd December , 11)21 .— 111 exercise of the 
powers conferred by sections 25, 28 , 30 and 112 (2) ( b) of the Abu Muni¬ 
cipal Law, L919, 1 the Hon’ble the Agent to the Governor General is 
pleased to make the following rules for the assessment and collection of 
Scavenging Tax m the Abu Municipal Area : — 

1. ( 1 ) Title and extent. —A tax to be called the Scavenging Tax shall 
be imposed on all houses and buildings situated within the Abu Muni¬ 
cipal Area with the exception of those houses or builclings of which the 
Municipal Committee do not or shall not undertake the house scavenging. 

(%%) Time of cowing into force. —The tax shall come into force from 
lsc April, 1924 and shall be payable for periods of one year ending on 
31st March. 

2. Nature of tax .—The Scavenging Tax shall include: — 

(v) A general Scavenging Tax. 

(ii) A cess on private latrines, cesspools and receptacles situ¬ 
ated in or attached to buildings in bazar limits. 

3. Definition of bazar limits. —Bazar limits shall mean and include: — 

(i) The groups of houses in the Abu bazar comprised in blocks 
A to J. 

(t*) The hamlets of Kala Chapra, Gora Chapra and Kumhar- 
wara. 

(in) Any areas or buildings that the Committee may, by notifi¬ 
cation, declare to be within pernt limit#. 

4. (£) Rate of mid tiim when payable .—The general Scavenging 
Tax shall l>e levied at the rate of 4| per cent, on the yearly rental value 
of the building assessed and shall be payable in advance and for periods 
of one year ending bn 31st March. 

(ii) The cess on private latrines, cesspools and receptacles referred to 
in rule 2 (ii) shall be payable quarterly in advance for the quarters 
ending on the 30th June, 30th September, 3lst December and 31st March 
and shall be levied at the following rates: — 

(a) Private latrines per seat Its. 1-5-0 per quarter. 

(5) Cesspools each B&. l-2-»0 per quarter. 

( 0 ) Beceptacles each Be. 0-6-0 per quarter: 

Provided that— 

(i) Proviso in respect of offices mi similar buttddng$.-~-ln the 
case of offices and buildings of a like nature whe?e in the 
opinion of the,Committee ,tfye amount of the tax leviable 

, ’ * ■ " f ^ T ‘ 1 Printed p . 


334 The District of Abu.— (IX>—Orders under Local Laws,) 


would exceed the actual expense to the Committee of the 
scavenging done, the assessment may he reduced. 

(n) Proviso in respect of religious or charitable institutions 

The Committee may exempt wholly or partially temples, 
mosques, or other religious or charitable institutions. 

5. Vacant rates m bazar limits .—When a residential building situ¬ 
ated within bazar limits remains unoccupied for a period of not less than 
a whole quarter, the owner thereof shall be entitled to a refund of half 
the cesses due under rule 4 for the vacant period subject to the provisos 
that (1) no refund shall be payable for any period before the owner has 
informed the Municipal Committee that the building is unoccupied, (2) 
no refund shall be payable if the owner fails to inform the Committee 
within three days of the reoccupation of such building, (3) no refund 
shall be payable when the annual rental value has been calculated on 
the assumption that a building will remain unoccupied during part of 
the year unless it shall remain unoccupied for the whole year, (4) no 
refund shall be payable when the total amount payable is less than 4 
annas, (5) no refund shall be payable for a broken part of a month. 

6. Powers of enhanced assessment up to actual cost of services .— 
When in any case the Committee considers that the amount of tax leviable 
is less than the actual cost of the scavenging performed, the assessment 
may be enhanced to an amount not exceeding the actual cost aforesaid. 

7. Minimum tern payable .—The minimum amount on account of gene¬ 
ral scavenging tax leviable from any one building separately assessed 
shall be 12 annas, and all assessments shall, where fractions of an anna 
are involved, be calculated to the nearest anna. 

8. Power to revise assessment .—When after assessment of tax has 
been made in any year the rental value of any building assessed is 
increased or a building is used for some other purpose than that for which 
it was used at the time of assessment, the Committee shall have the 
power to revise the assessment and such revision may have effect from 
the date at which the rental value increased or the building was Used 
for such other purpose. 

9. Tam by whom payable .—In the case of private houses the tax shall 
be payable by the owner and shall in case of default be a charge on the 

property taxed* The term €t Owner $$ shall include a mortgagee with 

possession. 

l(h Tax when payable .—The tax shall be payable within fifteen days 
of notice of demand being given by the Municipality at any time after 

commencement of the year to which the assessment relates. 

11. Committee may delegate pdwers.—She Ckunmitiee may authorise 
any oif its members or servants severally or jointly to make such 



The District of Aim.— (IX.—Orders under Local Laws.) 335 


and do such, acts as may he necessary for the proper assessment of this 
tax. 

12. Information regarding rent received. —The Committee or any of 
its members or servants duly authorised in this behalf may require any 
owner of house property to make a return showing the rent receivable or 
received on account of the property owned by him. 

13. Notice of assessment .—A written notice of new assessment or re¬ 
assessment shall be given to every assessee. A notice shall be deemed to 
have been served if it shall be affixed on the building to which the assess¬ 
ment relates. 

14. Objection to assessment. —An assessee receiving a notice of assess¬ 
ment or re-assessment under Pule 13 shall be entitled to lodge an objec¬ 
tion with the Committee within one month of receipt of notice. If no 
objection is lodged within the period aforesaid, the assessment shall be 
final. 

15. Procedure of Committee on objection. —If an objection is lodged 
the Committee shall consider it and may pass such orders on it as it 
thinks fit. 

16. Appeal against assessment. — A copy of any order passed under 
the rule last preceding shall be given to the objector, and he shall be 
entitled to appeal against the order within one month of receipt of such 
copy to the Secretary to the Hon’ble the Agent to the Governor General, 

17. Saving of existing assessment. —Unless and until altered, the 
assessment existing at the time that these rules come into force shall 
remain and shall be payable as if they were assessments made under 
these rules. 

[Gazette of India , 1925, Pt. II-A, p. 15.] 

Rules regulating the temporary occupation of streets . 

No * 1340*3, dated the 17th August , 1920 .—In exercise of the powers 
conferred by section 51, Abu Municipal Law, 1919, 1 the Hon’ble the 
Agent to the Governor General is pleased to prescribe the following condi¬ 
tions and fees for the temporary occupation of streets in the Abu Muni¬ 
cipal Area, for the deposit of materials and for temporary erections: — 

1. No person shall deposit materials or erect any temporary string 

ture on any street in the Abu Municipal Area without the permission in 
writing of the Committee or some person authorized by the Committee 
in,this behalf. , ( - ; 

2. Any person wishing to deposit materials or erect any temporary 
Sfcructtdfe as aforesaid shall apply in writing ,fo the Kimripal Secretary 

* Mate# wtyra, p< 92, ^ 




836 The District of Abu. — (IX.—Orders vnder Local Laws.) 


stating (1) what materials it is proposed to deposit or what structure it 
is proposed to erect, (2) purpose thereof, (3) probable period of occupa¬ 
tion, (4) place and approximate area to be occupied. 

3. The rate ordinarily charged for such temporary occupation shall be 
eight annas per 100 square feet per mensem, the minimum charge being 
eight annas per mensem, areas oyer one hundred square feet being cal¬ 
culated to the nearest 20 square feet and fractions of a month being 
charged as one mouth. But the Committee may by resolution in cases 
where it appears that the temporary occupation is likely to cause incon¬ 
venience to the public charge such rate not exceeding double the above 
rate as it considers proper in each case, or may entirely or in part 
prohibit such occupation, 

4. All fees payable under these rules shall be payable monthly in 
advance, and shall be recoverable from the date from which the sanction 
for occupation runs. 

5. On vacating occupation the occupier shall inform the Municipal 
Secretary in writing, and shall be liable to pay the fees prescribed under 
these rules up to and including the day on which such information is 
given. 

6. If any person on whom a notice of demand for fees payable under 
these rules has been served fails to pay the same within 24 hours the 
Committee shall have the right to remove any materials, deposited on 
the street, on account of which the fees are due, and to recover the cost 
of such removal from the person from whom the fees were due, 

7. Any person who deposits any materials or erects any structure in 
any street in contravention of these rules shall be liable on conviction 
by a Magistrate to a fine not exceeding fifty rupees. 

[Gazette of India , 1920, Pt. II, p. 1514.] 

Rules regulating grant of building sites and construction of buildings. 

No. 795 , dated the 15th April , 1921 .—Under sections x [52 and 112], 
Abu Municipal Law, 1919, s the Hon’ble the Agent to the Governor 
General in Rajputana, is pleased to make the following rules for the 
grant of building sites and construction of buildings in the Abu Muni¬ 
cipal area: — 

(1) These rules shall apply to all land and buildings within the Abu 
Municipal limits as defined by Notification No. 3685, dated the 10th 
July, 1919, by the Hon ? ble the Agent to the Governor General, Raj¬ 
putana. Provided that any buildings or laud certified by the OoUeotpif • 





The District oe Abu.— (IX. — Orders under Local Laws.) 337 

of Abu to be occupied by agriculturists solely for agricultural purposes 
stall be regarded as exempted from tbe operation of these rules. 

(2) No building shall be erected permanently or temporarily and no 
land shall be newly occupied for the purpose of building without the 
permission in writing of the Municipal Committee. 

(3) All applications for land for building shall be made to the Secre¬ 
tary, Municipal Committee, in the Form A appended to these rules and 
shall unless exempted by general or special order of the Hon’ble the 
Agent to the Governor General be accompanied by a deposit of Rs. 50. 
Such deposit shall be at the disposal of the Municipal Committee for a 
period of 2 years from the date of deposit as security for due observance 
by the applicant of these rules or of the conditions of any lease granted 
thereunder. 

(4) The Secretary, Municipal Committee, shall after satisfying him¬ 
self that the application is in proper form and that the deposit required 
by the preceding rule has been duly made shall forward the application 
to the Building Sub-Committee. 

(5) The Building Sub-Committee shall consist of the following mem¬ 
bers:— 

The District Magistrate of Abu, Convener, 

The Executive Engineer, 

The Civil Surgeon, 

and of such other members as the Agent to the Governor General may 
feom time to time appoint. It shall have power to co-opt to itself not 
more than two other members, either for specified periods or for dealing 
with particular applications*. 

(6) The building Sub-Committee shall after such enquiry as it thinks 
fit record its opinion on the application in respect of the following and 
of any other points that may appear to it to require the consideration of 
the committee: — 

(i) proprietary rights in the land applied for; 

( ii) desirability or otherwise of granting the site for the purpose 
for which application is made; 

(Hi) whether the site or any portion of it should be granted to the 
applicant and if so on what terms or whether it should be 
put up to public auction; ' 1 

(w) the kind of buildings that should be allowed to be constructed 
if the application is granted or the site auctioned y 

(v) ‘Wither any of the conditions,as regards transfer, sale, mort¬ 
gage, lease or exchange referred to in rule (20) should be 

: ( ' relaxed, : .'' 1 



338 The District of Abu. — (IX.—Orders under Local Laws.) 


(7) For the purpose of any enquiry under the preceding rule the 
Building Sub-Committee may require the applicant to have the site 
demarcated by temporary boundary marks if it has not already been so 
demarcated and to put in plans of the site and of the buildings proposed 
to be erected thereon. 

(8) The report of the Building Sub-Committee shall be considered by 
the committee, which shall forward its proceedings for the orders of the 
JEIon’ble the Agent to the Governor General. 

(9) Should the Hon’ble the Agent to the Governor General sanction 
the grant of the site, the applicant shall be at once informed in writing 
by the Secretary, Municipal Committee, and required to execute a lease 
in the Form B appended to these jules. 

(10) Should the Agent to the Governor General approve of the auction 

of the site, it shall be auctioned by the Secretary, Municipal Committee, 
by public auction of which notice shall be given not less than one month 
prior to the date of auction. * 

(11) The notice specified in the last preceding section shall specify 
the ground rent of the site as determined hy the rule next following and 
shall be published in such manner and shall contain such description of 
the land to be auctioned and such other particulars as the Municipal 
Committee may from time to time determine. 

(12) The annual ground rent of land so auctioned shall be determined 
by the Agent to the Governor General by general or special order in each 
case, subject to the minima prescribed by rule (19). 

(13) Any person desiring to bid at such auction shall deposit with 
the Municipal Committee such sum not exceeding one-tenth of the mini¬ 
mum premium of the site auctioned as the committee may from time to 
time determine, and no bids shall be accepted until such deposit has 
been made. 

(14) An bias shall Be recorded in writing by As Secretary, Muni¬ 
cipal Committee, and the record shall be forwarded to the Agent to the 
Governor General who shall pass such orders thereon as he thinks fit. 
Ute Agent to the Governor General shall not be bound to accept tbe 
highest or any bid. 

(15) On receipt of the final orders of the Agent to the Governor, 
General the Secretary, Municipal Committee, shall return to the un¬ 
successful bidders the deposits made by them under rule (3), and shall 
if a bid has heen accepted by the Agent to the Governor General proceed 
under rule ( 9 ). 

(16) For all, sites outside the areas noted in A® rule heart following 
the unit of measurement shall be Che acre and, no site 'shall ordinarily 
contain lees than one unit or mofe than si* units. 




The District of Abu* —(IX . —Orders under Local Laws*) 339 


(17) In the following areas the unit shall be the square yard: — 

The Abu Bazar* Kala Chappra. 

Gora Chappra. Kumharwara. 

(18) Excepting as provided by rule (22) for all sites a premium shall 
be payable on the execution of the lease and an annual ground rent 
payable in advance yearly for the calendar year and subject to revision 
every thirty years shall be charged. 

(19) The minimum premium and annual ground rent in respect of 
sites falling under rule (16) shall be Us. 1,000* and Rs. 20* respectively 
per unit and in respect of sites falling under rule (17) Re. 1 and 
Re. 0-6-0 respectively per unit. 

*[(19-A) All applications for permission to erect, re-erect, alter or 
repair any building under section 52 shall be accompanied by a site-plan 
and a plan of the proposed building, both in duplicate. After approval, 
one copy shall be returned duly endorsed to the applicant and the other 
shall be retained for record in the Municipal Office; all modifications of 
the plan as finally sanctioned shall be entered on both copies.] 

X [(19-B) As soon as the foundations of any construction have been 
excavated, notice shall be given to the Secretary, Abu Municipal Com¬ 
mittee. No construction shall be started unless and until the foundations 
have been inspected by the said Secretary.] 

(20) The transfer by sale, mortgage, lease, exchange or otherwise of 
property in the Municipal area except in so far as permitted by the terms 
of the lease shall be subject to the provisions of any rules that may be 
framed from time to time by the Agent to the Governor General under 
section 112 ( 2 ) ( d ) of the Abu Municipal Law, 1919, 

( 21 ) Unless otherwise permitted by the Municipal Committee all 
buildings shall be completed within two years of the date of sanction to 
construct. 

( 22 ) Notwithstanding anything contained in these rules, in the areas 
mentioned in rule (17) land not exceeding fifty units which is required 
to improve a site held under a pucca patta granted by the Sirohi Darbar 
umy be granted by the Hon’ble the Agent to the Governor General on 
payment of a premium only and on all or any of the conditions attaching 
to the pacea patta held from the Sirohi Darbar. 

,(23) No buildings other than those certified by the Collector of Abu 
to be solely for agricultural purposes and owned by agriculturiste aVell. ' 
be constructed on recognised village sites or on land paying revenue as 
agricultural or grass land. 

. —--—. '' ..v . j .. . ■ 1 . , 11 _ , 1 

*** provisi ^ revision on report by a Land 

1^^103^°' nt0jC '> ***March, im. , dmem of 



340 The District ot? Abu. — (IX,—Orders under Local Laics,) 


FORM OF APPLICATION. 

Form A. 

Application for the grant of building land in the Abu Municipal 
Area under rule (3) of the Abu Building Site Rules sanctioned by the 
Hon’ble the Agent to the Governor General, Rajputana, under sections 
52 and 112, Abu Municipal Law, 1910 (rule Notification No. 795, dated 
the 15th April, 1921), and subsequent amendments. 

To—The Secretary, Municipal Committee, Abu. 

1. I hereby apply for a lease of the land specified 

below for the purpose of— 

2. A map of the land applied for is attached to this application or I 
agree to prepare and submit a map of the land applied for within one 
month, if so, required by the Building Sub-Committee. 

3. I hereby declare that I understand and agree to abide by the 
Building Site Rules published in Notification No. 795, dated the 15th 
April, 1921, and as subsequently amended. 

4. A sum of Rs. 50 is deposited herewith. 


Signature . 

* Description of the land for which application is made. 

Form B. 

This Indenture made this day of 

in the year of Our Lord one thousand nine hundred and between 

Secretary of State for India in Council (hereinafter called te the Lessor ") 
of the one part and 

(hereinafter called u the Lessee 9i ) which expression shall where the con¬ 
text so admits include his heirs, executors and permitted assigns of the 
other part Witnesseth that in consideration of the rent hereby reserved 
and of the Covenants, Provisos and Agreements herein contained and on 
the other part of the Lessee to be respectively paid, observed and per¬ 
formed, the Lessor both hereby demise and lease on payment of 
Rs« being the premium at Its. per acre unto the 

Lessee All That piece or parcel of land situate at in the 

District of Abu containing by admeasurement acres be th# 

same a little more or less and described and particularly denoted in , a; 
certain map or plan deposited in the office of the Abu 

(* Noth.— The descriptionof the land should he by reference to the Government 
of India Survey Man, and if the lend has been given a number or demarcated oa 
W plan m the Mtmteipal Office, by reference to such number or demarcation* fh& 
boundaries end area should be clearly specified*) , > , , 1 


The District of Abij.— (IX . —Oiders under Local Laws.) 341 

Municipal Committee (hereinafter called “ tlie Committee ”) and which 
said piece of land hereby demised is bounded 
on the East by 
on the West by 
on the North by 

on the South by > aud 

To Hold the said piece oi land and premises with their appurtenances 
unto the said lessee for the term of 99 years from the (lay of 

19 (hereinafter called fct the said term ”) except and 
always reserving to the Lessor : — 

(1) All mines, minerals, coals, gold-washing earth, oil and quarries 
in or under the said land and full light and power to search for work 
obtain remove and enjoy the same in such manner as he thinks fit 
provided always the Lessor shall make reasonable compensation to the 
Lessee for all damage directly occasioned by the exercise of the lights 
hereby reserved. 

(2) A right to lay pipes or wires for the carriage of water or elec¬ 
tricity under or over the said premises if deemed necessary by the Com¬ 
mittee in developing the station. 

Yielding and paying therefore yearly and every year during the said 
term unto the said Lessor on the day of 

in each year the rent of Rupees 
and annas 

being at the rate of Rupees per 

acre, the first payment of such rent to be made on the 
day of 19 

2. And the Lessee doth hereby covenant, with the Lessor in manner 
following, that is to say, that he the Lessee during the continuance of 
the said tern:— 

(а) Will well and truly pay or cause to be paid unto the Lessor at 

the Abu Municipal Office or at such other place as he shall be required on 
the part of the Lessor, the said yearly rent of Rr. annas 

at the time hereinbefore appointed for payment thereof without any 
deduction; 

(б) and will bear, pay and discharge all rates, taxes, assessments, 

duties, charges and outgoings which at any time during the said term 
may be or become due or payable in respect of the said premises or any 
building or erection now built or to be built or erected thereon; ' 

,, (c) and will obey and submit to all rules or orders of Government now 
existing, or hereafter to exist, in the district of Abu or the Abu Muni¬ 
cipal Area so far as t|m same are incidental to, the possession of immove¬ 
able property or so far as they affect the health, safety or convenience 
of tike other inhabitants of tie district, or place, 



342 The District of Abu. — (IX.—Orders under Local Laws.) 


(d) and the lessee will at his own cost erect on the demised premises 
yi accordance with plants, specifications and designs and in a position to 
be approved in writing by the Committee and in a substantial and work¬ 
manlike manner one bungalow (and not more than one) with all necessary 
outhouses, sewers, drains and other appurtenances and will commence 
the building of such bungalow within the period of one year from the 
date of these presents and will completely finish the same fit for habita¬ 
tion and use within the period of two years from the day of 

19 ; 

(■ e ) and will keep the said bungalow and buildings at all times in a 
state of good and substantial repair and in a sanitary condition to the 
satisfaction of the Committee; and will immediately upon the said 
bungalow being roofed in insure and keep insured the same and all 
buildings from time to time erected on the land to the full value thereof 
and whenever required so to do produce to the Committee the policy of 
insurance and in case of fire forthwith out of the moneys received by 
virtue of any insurance and out of his own private moneys if necessary 
rebuild, repair or otherwise reinstaie in a good and substantial manner 
under the direction and to the satisfaction of the Committee any build¬ 
ings destroyed or damaged; 

(/) and will, at his own expense, within one month from the date of 
this lease, place proper and substantial landmarks on the boundaries of 
the said land to the satisfaction of the Committee (if such landmarks do 
not at the date of this lease already exist), and will, if required by the 
Committee enclose the land by means of such wall or wire or other fencing 
as may be approved by the Committee, and will carefully preserve such 
landmarks and such wall or fencing as the case may be, and will renew 
the same at his own expense as often as the Committee shall deem to be 
necessary, and in case of any neglect so to do after due notice in that 
behalf shall have been given by the Committee, it shall be lawful for 
the Committee to cause proper landmarks or walls or wire or other 
fencing as the case may be to be placed on the said land at the sole 
expense of the Lessee, which expense the Lessee hereby agrees to reim¬ 
burse by paying to the Committee such amount as the Committee (whose 
decision shall be final) shall fix in that behalf; 

(g) and will not make, or permit to be made, any alterations in or 
additions 1 6 the said buildings or other erections for the tim$ being on 
the land hereby demised, or erect, or permit to be erected any new 
building on the said land, without the previous permission in writing of 
the Committee and except in accordance with the terms of such per¬ 
mission and the plan (if any) approved of by*the Committee, and in case 
of any deviation from such terms or plan will imrqediately upon receipt 
of notice signed by the Secretary of the Committee requiring him so to 
do correct such deviation as aforesaid, and if the Lessee shall neglect to 



The District of Abu. — (IX.—Orders under Local Laws.) 343 

correct such deviation for the space of seven days after the receipt of 
such notice, then it shall be lawful for the Committee to cause to be 
erected such deviation at the expense of the said [Lessee, which expense 
the said Lessee hereby agrees to reimburse by paying to the Committee 
such amount as the Committee (whose decision shall be final) shall fix 
in that behalf; 

(K) and will remove from premises all dilapidated, uninhabited and 
useless buildings of every description on notice requiring their removal 
being given by the Committee to the Lessee, and in case of such buildings 
not being removed according to such notice the Committee shall be at 
liberty to remove the same at the expense of the Lessee, which expense 
the Lessee hereby agrees to reimburse by paying to the Committee such 
amount as the Committee (whose decision shall be final) shall fix in that 
behalf; 

(i) and will provide and maintain in good repair a properly con¬ 
structed road or path to the satisfaction of the Committee leading from 
the public road to the bungalow erected or to be erected on the said land; 

(j) and will not, without the previous permission in writing of the 
Committee cut or lop or uproot or remove or destroy any tree of mature 
growth and in case any tree, bush or shrub,, or portion of tree, bush or 
shrub, shall have been felled or cut down or lopped off or uprooted or 
shall have fallen it shall be the property of the Lessor; 

(k) and will not, without the previous permission in writing of the 
Committee commence or. carry on any building, or dig, excavate or re¬ 
move any earth or stone in or from any spot other than such as the Com¬ 
mittee in that permission Shall specify, or in so digging, excavating or 
mooting exceed such limits aS to the depth or area over which such 
digging, excavation or'removal extends, or the period of time during 
which it is carried on, as the Committee in that permission prescribes in 
such behalf and will pay for the earth or stone, whether used in building 
or otherwise on the plot, or for any other purpose such amount as the 
Committee, (whose decision shall be final shall fix in that behalf); 

(l) and will, before being granted such permission, submit a dear 
jfiajj. showing the total area of the plot and the area which it is proposed 
to clear ofl all growth for the bungalow, outhouses, servants’ quarters, 
paths and garden respectively, or from which it is proposed to remove 
any earth, stone, trees, bushes, shrubs, or undergrowth for any purpose 
whatsoever, and will submit to such orders as the Committee shall im¬ 
pose with regard to such clearance or removal, as the oase may be; 

■;'; (p) and! will "not oarfy on or permit to be camedon, on the said 
, premises any trad* or business whatsoever er use the same or permit the 
same to bq need for any purpose other than a private residence without 


344 The District of Abu. — (IX.—Orders •under Local Laws.) 


^he previous consent in writing of the Committee and subject to such 
terms and conditions as the Committee may impose and will not do, or 
suffer to be done, on the said premises, or any part thereof, any act or 
thing, which may be, or grow to be, a nuisance, damage, annoyance, or 
inconvenience to the Lessor or his tenants or the owners or occupiers of 
any other property in the neighbourhood; 

(n) and will not, without the previous consent in writing of the Com¬ 
mittee transfer or assign the said premises or any part thereof or sublet, 
or permit to be sublet, the said premises except as a whole, and on every 
such transfer assignment or sub-lease the transferees, assignees and sub¬ 
lessees shall be bound by all the covenants and conditions herein con¬ 
tained and be answerable in all respects therefor; 

(o) and will not sublet the said premises or any part thereof for any 
period which shall include the whole or any part of any hot weather 
season to any person without giving to such person notice of the liability 
specified in sub-clause (o) of this clause, 

(jj) and will permit the Agents, Surveyors, and workmen of the Com¬ 
mittee at all reasonable times, to enter upon the said premises in order 
to inspect the same. 

3. And it is hereby agreed and declared by and between the parties 
to these presents as follows (1) the Lessee shall subject as hereinafter 
provided at the expiration or sooner determination of the Baid term 
quietly deliver up to the Committee the demised land and all the build¬ 
ings which shall have been built thereon during the term hereby granted 
and all the drains and appurtenances together with all fixtures, windows, 
doors, shutters, fastenings, waterclosets, cisterns, partitions, fixed press¬ 
es, shelves, pipes, pumps, rails, poles, locks and keys and all other 
fixtures which at any time during the said term shall have been fastened 
to the said buildings and land or any part thereof in such good' and 
substantial repair and condition and so maintained paved and cleansed 
as aforesaid and in all respects in such state and condition as shall be 
consistent with the due performance and observance of the several cove* 
nants and provisos hereinbefore contained. 

Provided always that the Lessee may within six months before the 
expiration of the term hereby granted remove such buildings as may have 
been erected by him upon the demised land provided that he shall have 
given to the Committee twelve months* previous written notice of loft 
intention so to do and he shall have during the said terms paid the rent 
hereby reserved in manner aforesaid and shall have performed and 
observed to the satisfaction of the Committee and observed and performed 
„ al l the covenants by, the Lessee < and* the conditions herein contained 
weteWed to and that the Lessee will at the expiration of the term hereby 
qmiety deliver;up to ihe Committee the demised land levelled 



The District op Abu. —( IX.—Orders under Local Laws.) 345 


and ready for building or for any other purpose to the satisfaction of the 
Committee. Provided always that on the receipt of such notice as 
aforesaid the Lessor may purchase and take over the bungalow and 
buildings thereto appertaining on the expiry of the term hereby granted 
at a valuation to be agreed upon between the Committee and the Lessee 
and in default of agreement as to such valuation the matter shall be 
referred to the arbitration of an officer nominated by the Committee and 
the decision of such officer will be binding upon and final between the 
parties hereto. 

(2) If the Lessee shall desire to take a renewed lease of the said land 
for the further term of 99 (ninety nine) years from the expiration of the 
teirn hereby granted and of such desire shall prior to the expiration of 
tiie said term give to the Committee six months’ pievious notice in 
writing, and shall have paid the rent reserved by and shall have per¬ 
formed to the satisfaction of the Committee the covenants by or on behalf 
of the Lessee contained in this Lease up to the expiration of the term 
hereby granted them the Committee will grant to the Lessee a new 
Lease of the said land to be prepared by or on behalf of the Lessor for a 
further term of 99 (ninety-nine) years on such conditions as may then be 
determined by the Committee. 

(3) Notwithstanding anything hereinbefore contained if the rent 
hereby reserved or part thereof shall be in arrear and unpaid for one 
calendar month after becoming payable (whether the same shall have 
been demanded or not) or if there shall have been in the opinion of the 
Committee whose decision shall be final any breach by the Lessee or by 
any person claiming through or under him of any of the covenants or 
conditions hereinbefore contained and on his part to be observed or 
performed or if the Lessee or the person in whom the term hereby 
created shall be vested shall be adjudged insolvent it shall be lawful for 
the Lessor (without prejudice to the right of action of the Lessor in 
respect of any breach of agreement) to re-enter the demised premises or 
any part thereof in the name of the whole and thereupon this demise 
shall absolutely cease and determine and the Lessee shall not be entitled 
to any compensation whatsoever. 

(4) Any notices requiring to be served hereunder shall be sufficiently 
served on the Lessee if left on the demised premises and signed by the 
Secretary Of the Committee and a notification of any decision of the 
Committee under the hand of the Secretary of the Committee shall, he 
sufficient evidence of such decision. 

In witness whereof the parties hereto have set them hands , the day 
and year abovOwritten. 

r &<meUe of India, 16Z1 S 3 ?t IX, P* 6#6,T 


IV 



The District or Abu. —(IX . —Orders under Local Laws.) 


Rules for the registration of births and deaths . 

No. 6099 —3, dated the 25th November , 1919. —In exercise of the 
powers conferred by section 112 (2) (f) of the Abn Municipal Law, 1919, 1 
the Hon’ble the Agent to the Governor General is pleased to make the 
following rules for the registration of biiths and deaths in the Abu 
Municipal Area. 

1 . Maintenance of registers. —The Secretary, Municipal Committee, 
Abu,, or any other officer deputed by him in this behalf shall maintain 
registers of births and deaths in Forms A and B appended to this Noti¬ 
fication in respect of all births and deaths occurring in the Municipal 
Area. 

2. Registration to be free. —No charge shall be made for the registra¬ 
tion of any birth or death. 

3. Report of Birth. —The head for the time being of every house or 
family in which any birth occurs or in his absence any adult member of 
the family or any servant shall within 3 days after the event, report the 
same to the Secretary, Municipal Committee, or any other officer deputed 
by him in this behalf together with the following particulars namely: — 

(а) the date and hour of birth, and the sex and name (if any) of 

the child; 

(б) the name, place of residence and occupation, and the caste or 

religion (if any) of the father; and 

( c ) the name and place of residence of the person making the 
report. If the person registering the birth desires it, he 
may within a fortnight apply to the Secretary, Municipal- 
Committee, to register the name of the child. 

4. Report of death. —The head for the time being of every house or 
family in which any death occurs or in his absence any adult member of 
the family shall immediately after the event report the same {a) if the 
death occurs in the Sanitarium (including the Supply and Transport 
lines and Gora Chapra) to the Officer Commanding the Station Hospital, 
(6) if the death occurs elsewhere in the Municipal Area than in the 
Sanitarium, to the Sub-Assistant Surgeon in charge of the Adams 
Memorial Hospital. 

5. Grant of certificate on report of death. —The Officer Commanding 
or Sub-Assistant Surgeon on receiving a report under the preceding rule ■ 
shall grant to the person reporting a certificate in Form O appended to 
these rules. 

6. Duty of person receiving certificate .—The persdA J receiving such 
certificate shall within 24 hours deliver it to tibi Secretary, Municipal 


Tiie District of Adit. —(.IX . —Orders under Local Laws.) 347 


Committee or any other officer deputed by him in this behalf and shall 
at the same time furnish the following particulars: — 

{a) the date and hour of the death, the sex, name, age and occu¬ 
pation and the caste or religion (if any) of the deceased, the 
cause of death and ihe place of residence of the deceased at 
the time of death, 

(b) the name of the father, or* if the deceased was a married 

woman, the name of her husband; and 

(c) the name with parentage and place of residence of the person 

making the report. 

7. Responsibility' of village headmen .—The head-man (garni) of the 
villages of Goa, Torn a, Dundhai, and Hetamji shall within seven days 
after the event report the occurrence of any birth or death within the 
limits of their respective villages to the vSecretary, Municipal Committee. 

8 . Report of death of person unknown .—In the case of a dead body of 
any person unknown, or which is not claimed by any person, being found 
exposed, the Superintendent of Foliee shall within one week report the 
fact to the Secretary, Municipal Committee. 

9. Inspection of registers and grant of copies .—The registers of births 
and deaths shall he open during office hours to inspection hy any inhabi¬ 
tant of,the Municipality, and the Secretary, Municipal Committee, shall 
furnish, on application, certified extracts therefrom to persons interested 
upon payment of a fee of two annas per entry, 

10. Supply of copies of entries to Government officers .—The Secretary 
shall supply on demand, copies of and extracts from the regjsters free of 
cost to the Superintendent of Police, to the Registrar of Births, Deaths 
and Marriages and to any Government Officer who may require this in¬ 
formation for public purposes. 

11. Penalty for broach of rules .—Whoever fails to comply with the 
provisions of rules 8, 4, 6 and 7 shall be punishable on conviction by a 
Magistrate with fine which may extend to five rupees. 


tv 




FORM A. 
Abu Municipality. 
Register of births. 


348 The District op Abu. — {IX.—Orders under Local Laws.) 


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pomoep jotroppwi 


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posTOoep |o erablji 

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The District of Abu.-~(/A.— Orders under Local Laws.) 349 

FORM C. 

Dated Abu, 19 

of 

A!i. to-day the death of 

P.M. J 

Cause of death believed to be 

Officer Commauding the Station Hospital, Abu. 

Sub-Assistant Surgeon, In charge, 
Adams Memorial Hospital, Abu. 

N.B. —This certificate must be presented to the Secretary, Municipal Committee, 
within 24 hours of receipt. 

«fte—% (*») 

sRwft jiprt ^rfst i 

[Gazette of India, 1919, Pt. II, p. 2096.] 

Abu Porest Law, 1920. 

Appointment of Forest Officers. 

No. 3693-C. B., dated the 2Sth November, 1D2(). — In exercise of tlie 
powers conferred by section 2, sub-section (4) of the Abu Porest Law, 
1920/ the Hon’ble tlie Agent to the Governor General is pleased to ap¬ 
point the persons for the time being holding the offices of Tahsildar, 
Porest Ranger and Porest guards, in the district of Abu, to be Porest 
officers. 

[Gazette of India, 1920, Pt, II, p. 1938.] 

Appointment of Chief Forest Officer. 

No. 3694-C. B., dated the 28th November, 1920. —In exercise of the 
powers conferred by section 2, sub-section (5) of the Abu Porest Law, 
1920, 1 the Hon’ble the Agent to the Governor General is pleased to 
appoint the person for the time being holding the office of District Magis¬ 
trate, Abu, to be the Chief Porest Officer. 

[Gazette of India, 1920, Pt. IP, p. 1938.] 

Rules regulating shooting and setting traps. 

No. 1889-G., doled the 24th September, 1924 .—-In exeroise of the 
powers conferred b^, section 9 (1) (o) read .with motion 9 (£) (»*) of the 

.‘Printed' Mpro/jp. 'X8S> \ / ■ ’ ’ . 


Serial Ho. 

Certified that 
reported at 
of 




850 Thb District of Abu.— (IX.—Orders under Local Laws.) 


Abu Forest Law, 1920, 1 the Hon’ble the Agent to the Governor General 
is pleased to prescribe the following rules with regard to shooting and 
setting traps or snares in the Abu Leased Area Forest comprised within 
the cordon of pillars bearing Nos. 1—54, situate an the District of Abu, 
as described by the Notification of the Government of India in the 
Foreign and Political Department No. 2221-1. B., elated the 1st October, 
1917. 

1. The following acts are absolutely prohibited within the Abu 
Leased Area Forest: — 

($) laying of poisoned meat within the forest; 

(vi) spearing and running deer or sambhar with dogs; 

(in) tying of bullocks or cows for panther; 

(iv) setting of any kind of spring gun, snare trap or pitfal; 

(v) destruction of does, peafowl, blue-pigeons, stags in velvet and 

Sambhar stags carrying horns less than 34^ m length. 

2. Subject to the prohibitions contained in Pule 1, the birds and 
animals enumerated below may be killed provided a license is previously 
obtained from the District Magistrate and Chief Forest Officer, Abu: — 

Partridges, sand-grouse and quail of all kinds, spur fowl and 
jungle fowl, bear, panther, pig, sambhar, chital, four¬ 
horned antelope, barking deer, black buck and chinkara 
and hare. 

3. A license, referred to in Pule 2, will be issued on payment of a 
fee of Ps. 10 to any person not holding a game license from Sirohi 
State, and free to persons holding game licenses issued by Sirohi State, 
at the discretion of the District Magistrate, Abu, subject to the follow¬ 
ing conditions: — 

(а) The period of license shall be from 1st April to 31st March 

inclusive, or if issued free of charge shall be the same as 
the period of the Sirohi State license, provided that it shall 
not in any case extend beyond the 31st March next follow¬ 
ing; 

(б) The license holder shall report within one week to the District 

Magistrate the killing of any animal under the license; 

(a) If any animal wounded within the Leased Area passes into 
Sirohi State territory it can be pursued by persons holding 
a license under these rules, but they should at once report 
their having done so to the District Magistrate; 

(d) The license holder shall report immediately to the District 
Magistrate, any injury received by any of Me party in the 
pursuit of game; or caused by himself, or any of Ms party 
to any human being or to any bullock or cow. 

* *'" ' * 1 1 in[| |ll| H i |lMi i «lf |<l III i n . *11 . i ft t' 

' ? JEtantjea. M&ra, p; JfB.' ■ 




The District oe Abu. — (IX.—Orders under Local Laws.) 351 

T [4. Persons applying for a license sliall deposit a sum of Rs. 20 in 
the District Magistrate’s Court as security for due observance of these 
rules.] 

5. Licensees shall on the expiry of their licenses forward them to 
the District Magistrate, Abu, with a statement showing the number of 
game animals shot under the license and also in the case of deer, the 
length of the horns. 

x [6. On the expiry of licenses the District Magistrate, Abu, on being 
satisfied that these rules have been duly observed, will return the deposit 
to the licensees.] 

7. Any person breaking any of the above rules shall be liable to a 
fine not exceeding Rs. 50, cancellation of his license, and forfeiture of 
3 [the whole or part of the security money deposited under rule 4, of] 
any weapons used and of the skins and heads of any animals killed by 
him at the time of committing such a breach. When the breach is a 
continuing breach a further fine, which may extend to five rupees for 
every day aftei the first during which the breach continues, may be 
inflicted. 

[Gazette of lnd%a , 1924, Pt. II-A, p. 314.] 

Rules for the protection of certain trees . 

No. 369S-C. B., dated the 28th November , 1920 .—In exercise of the 
powers conferred by sections 11, 12 and 39 (c), Abu Forest Law, 1920, 2 
and of all other powers enabling him in this behalf the Hon’ble the 
Agent to the Governor General is pleased to make the following rules for 
the protection of certain trees in the Abu district: — 

1. The trees named in the accompanying schedule are reserved trees 
throughout the district of Abu. 

2 . No person shall fell, girdle, mark, lop, tap, or injure any reserved 
tree except with the permission in writing of the Chief Forest Officer. 

3. The Chief Forest Officer in granting permission under the rule last 
preceding may attach such conditions thereto as he thinks fit. Such 
conditions shall be recorded in the written permission granted under that 
rule. 

4. Any person aggrieved by a refusal of the Chief Forest Officer to 
grant permission under rule 3 or with any of the conditions attached to a, 
permission granted under rule 3 may appeal within *30 days to,the 
Agent to the Governor General, who may thereupon direct the Chief 
Forest Officer to grant permission or to cancel or alter the conditions bn 

* ^hioh permission hfts been granted* ; , 


, ',v Inserted by Notification No. 0102, dated the 4th Novetahe*, 1926. 

Ft, ti-A, $. 858, 0 ' ■ 

* Printed wpm, p. , 





352 The Disteict op Abu. — (IX.—Orders under Local Laws.) 


5. Any person who fells, girdles, marks, lops, taps or injures any 
reserved tree without the written permission of the Chief Forest Officer 
or commits any breach of the conditions recorded in a written permission 
granted to him by the Chief Forest Officer shall be liable to the penalty 
prescribed in section 12 (2) of the Law. 


Schedule. 


Number. 

Botanical name. 

Local name. 

English name. 

I 

Magnifera Indica . 


Am 



Mango tree. 

11 

Cassia Fistula 


Amaltas 

• 


Indian Laburnum. 

Ill 

Acacia LoucophJaea 


Annj . 

• 




(Catechu) 


Khair . 

a 

a 


IV 

Phyllanthus Erablioa 


Aoula • 

a 

« 


V 

Eugenia Jambolana 


Jaman . 

a 

* 


VI 

Ahbizzia Lebbok . 


Siiis 

a 

• 



Odoratissima 


Kala Siris 

• 

* 


VII 

Dalborgia Latifolia 


Shisham 

a 

4 

Sissoo tree or blackwood. 

VIII 

Micheiia Champaoa 


Champa 

a 



IX 

Anogeissus Pendula 


Dhau . 


a 



Latifolia 


Golia Bhau . 


• 



Acuminata . 


Kala Bhau . 




X 

Growia Pilosa 


Dhaman 




XX 

Bauhinia Variegata 


Kachnar 


*• 



Purpurea 


Kachnar 


» 


XJl 

Pongamia Glabra . 


Karji . 


» 


M 

Sapindus Trifoliatus 


Arita or Ritha 



Soapnut* 

XIV 

Terminalia Bellorica 


Bahora 




XV 

Ficus . 

• 

• * 





Bangalensas , 


Bar 


• 

Banyan. 


Clomerata . 

a 

Gular . 

a 


Wild fig. 


Beligiosa 


Pip^a . 

* 

* 

PipaL 


Infeotoria . 

• 

Palakh or Gadia 


* 


' 1 i 

Cadoa ... 

a 1 

Angir . ; 

m 


Fig tree. 

XVI'; 

Gcataeva RaUgrosa . 

* 

Baxna . ► , 

f a i 

* 











The District of Abu. — (IX.—Orders under Local Laws.) 353 


Sched ide —eontd. 


Number. 

Botanical name. 

Local name. 

English name. 

XVII 

Adina Cordifolia 

Haldu . 


» 



XVIIT 

Bombax Malabaricum . 

Simal . 




Silk cotton tree. 

XIX 

Cordia Myxa 

Lessora 


• 



XX 

Aegle Marmelos 

Bili or Bael 


• 



XXI 

Tamarindus Indica , 

Imli 


• 


Tamarind. 

XXII 

Phoenix Sylvestris 

Khajur . 


• 


Wild date palm. 

XXIIT 

Cedrela Toona 

Tun 





XXIV 

GreviUea Robust a . 

GreviUea 


• 


Australian silver oak. 

XXV 

Finns Longifolia . 

Ghir 


• 


Pine. 

XXVI 

Oupressns Torulosa 

Devi Diar 


* 


Himalayan Cypress. 

XXVII 

Euoalyptus . 





Australian gum tree. 

XXVIII 

Melia Azedarach • 

Bakaln 


• 


Persian Lilac. 

XXIX 

Psidium Guayava . 

Amrud 


* 


Guava. 

XXX 

Punioa Granatum . 

Anar . 


• 


Pomegranate. 

YYXT 

Citrus Deoumana . 

Chakotra 


• 


Pumelo. 


Medica 

Nimbu . 


• 


Lemon. 


Aurantium • . 

Natangi 


a 


Orange. 

XXXII 

Eriobotrya Japonioa 

Lokafc . 


* 


Loquat. 

XXX.T0 

Prunus Persica . . 

Aru 


* 

a 

Peach. 

XXXTV 

Moras Alba Nigra • 

Shahtut 


• 

a 

Mulberry. 

XXXV 

Pyras Communis . 

Nashpati 


• 

• 

Pear tree. 

XXXVI 

Salix Tetrasperma • 

Bilsa . 



• 

Willow. 


t Babylonica . . . 

Majnun 


• 

* 

Weeping Willow. 

XXXVII 

Ixora Famflora . . 

Pangu . 


* 

* 


xxxvm 

Anthocephalus Oadamba 

TTfi^o.m or Xfb 

* 

• 


XXXIX 

Tamarix Artaculata . 

Parsh . 

> 1 

• 

• 

Tastnarldit* 

XL 

Axfcooarpus Integrifioi^ * 

Kathar '' 

9 

,i * 

' * 

Stuck fate* 

XLC 

f; 

~ • 

LMf.4 * 

4 

* 

^ ; 

li&OUU 

XT XT 

KtteeotoWnm Dnloe . 




'■ M 


PofeMtaa Kegfa , , , . 


¥ 

* 

• 



il j II r ritjUl 111 III III ■ mmn'm.wmnwmrnmm ' \i j, 

l&mtte tf l«M* t \m, Vt II> p. 1SB8,] 














The Disteict of Abu. — (IX.—Orders wider Local Laws.) 


Confiscation for offences, and release of confiscated property on 

payment. 

No. 3697-C. B., dated the 28th November, 1920. —In exercise of ihe 
powers conferred by section 33, sub-section (1) of the Abu Forest Law, 
1920, 31 tie Hon*bio ihe Agent to tie Governor General is pleased to 
empower the person for the time being holding the office of the Chief 
Forest Officer, Abu District, (a) to accept from any person against whom 
a reasonable suspicion exists that he has committed any forest offence 
other than an offence specified in section 29 or section 31 of the aforesaid 
Law, a sum of money not exceeding fifty rupees by way of compensation 
for the offence which such person is suspected to have committed, and 
(ft) when any property has been seized as liable to confiscation, to release 
the same on payment of the value thereof as estimated by him. 

[Gazette of India, 1920, Pt. II, p. 1940.] 


1 Printed supra, j>. 132. 





Cantonments of Erinpdra, Kherwara and Kotra.— (I. — Statutes. 355 
II i—Acts of the Governor General in Council and of the 
Indian Legislature. III.—Orders under Statutes. IV .— 
Orders under Acts of the Governor General in Council and of 
the Indian Legislature. V. — Acts locally applied.) 

ADMINISTERED AREAS IN RAJPUT AN A. 

CANTONMENTS OE ERINPURA, KHERWARA AND KOTRA. 

In tie Cantonment of Erinpnra, 1 which is situated in the Sirohi 
State, and the Cantonments of Kherwara and Kotra, which are situated 
in Mewar the following British enactments are in force: — 

I.—Statutes, 

II.—Acts of the Governor General in Council and the 
Indian Legislature, and 

III. —Orders under Statutes, 

cited above 2 as in force in the States in Rajputana. 

Similarly the list 3 of— 

IV. —Orders under Acts of the Governor General in 

Council and the Indian Legislature, 

is the same for these Cantonments as for the Sirohi and Mewar States, 
respectively, except that— 

(а) none of the orders cited under the Indian Extradition Act, 

1903, are operative, and 

(б) the following orders apply to these Cantonments: — 

Births, Deaths and Marriages Registration Act, 1886. 

Appointment of the Assistant Commandant , Mina Corps , Erinpura, and 
the Officer Commanding, the Mewar Bhil Corps, to he Registrars of 
Births and Deaths in the Erinpura Cantonment and in the Kher¬ 
wara and Kotra Cantonments, respectively. 

No. 35-1., dated the 10th September, 1923. —Printed supra, page 86. 


V.—Acts locally applied. 


Application of the Revenue Recovery Act, 1890. 

No. 1415-1., dated the 30th April, 1890.-1- printed in Appendix XtV, 

v ‘ fe, T* 1 ® &!hH undar i?l,, of Eriapare Oantpament m Notification . 

N ’ Pages/ dat6d tbe 13tb Jua ®’ 1902 - Oaeetts of Zndia.tm, Pt. I, p, 431. 

* Pages 35 to 41, *wpr<k, 



356 Cantonments op Erinpura, Kherwara and Kotra. — {V. — Acts 
locally applied. VI.—Local Laws.) 


Application of the Epidemic Diseases Act , 2897. 

No. 443-1. A., dated the 4th February, 1897. —Printed in Appendix 
XVI. 


Application of the Indian Lunacy Act, 1912. 

No. 2232-1. B., dated the 1st October , 1917. —In exercise of the 
powers conferred by the Indian (Foreign Jurisdiction) Order in Council, 
1902, and of all other powers enabling him in that behalf, and in super- 
session of the notification of the Government of India in the Foreign 
Department, No, 2286-1. A., dated the 8th June, 1906, the Governor 
General in Council is pleased to apply the provisions of the Indian 
Lunacy Act, 1912 (IV of 1912), in so far as they may be applicable, to 
the cantonments of Erinpura, Kherwara and Kotra within the limits of 
the Raj put ana Agency, subject to any amendments to which the Act is 
for the time being subject in British India, and subject also to the 
following modifications, namely: — 

1. For section 3, clause (3), the following shall be substituted:— 

“ (3) < District Court 9 means the Resident, Western Rajputana 
States, in the case of the cantonment of Erinpura, and the 
Resident in Mewar in the case of the cantonments of Kher¬ 
wara and Kotra.” 

2. For section 3, clause (6), the following shall be substituted: — 

“ (6) ‘ Magistrate 9 means the Officer Commanding the 
Station 

Provided, that for the purpose of facilitating the application of the 
said Act any Court in the said cantonments may construe the provisions 
thereof with such alterations, not affecting the substance, as may be 
necessary or proper to adapt them to the matter before the Court. 

{Gazette of India, 1917, Pt. I, p. 1637.] 


Application of United Provinces Act {II of 1921). 

No. 2595 — 717-Int.j dated the 27th December, 1922. —Printed supra, 
page 84. 


VI,—Local Laws. 


Publication of newspapers and other printed works. 

No. 2651-1., dated the 25th June, 1891. —Printed in Appendix XVII* 




Cantonments of Erinpura, Kherwara and Kotra. — (VII.—Orders 357 
relating to Courts. VIII.—Orders under Acts locally applied. 

IX. —Orders under Local Laws.) 


VII.—Orders relating to Courts. 

Execution of capital sentences m British India. 

No. 1431-1., dated the 27th April, 1893 .—Printed in Appendix XIX. 

Criminal law and procedure of British India applicable to British subjects 

in Indian States. 

No. 1863-1. A., dated the 13th May , 1904 .—Printed in Appendix IV. 

Jurisdiction of the High Court at Bombay over European British 

subjects. 

No. 580-D., dated the 26th January, 1917. —Printed in Appendix IV. 

Justices of the Peace to commit for trial to the High Court having 

jurisdiction. 

No. 582-D., dated the 26th January, 1917. —Printed in Appendix IV. 

Justices of the Peace invested with powers of Magistrates of the first 
class and to hold inquests. 

No. 319-Ddated the 16th January, 1917 .—Printed in Appendix IV. 

Appointment of Justices of the Peace . 

No. 2761-1., dated the 18th September, 1883 .—Printed supra, page 

55. 

Constitution of Criminal Courts. 

No. 2602-1. B., dated the 19th December, 1912 .—Printed supra, 

page 56. 

Payment of expenses of complainants and witnesses in Criminal Courts 

in Rajput ana. 

No. 97 -Po1.y27 , dated the 23rd November, 2927 .—Printed supra, 
page 148. 

VIII.—Orders under Acts locally applied. 

Indian Lunacy Act, 1912. 

Courts to send lunatics to the asylums at Agra or Lahore. 

No. 442, dated the 29th October, 1917. — Printed supra, page 263; 

IX.—Orders under Local Laws. 

Nil. 1 





Deoli Municipality. 


359 


ADMINISTERED AREAS IN RAJPUTANA. 

DEOLI MUNICIPALITY. 

The Municipality of Deoli formerly known as the Cantonment of 
Deoli lies partly in Mewar and Jaipur and partly in the British district 
of Ajmer. 1 For administrative purposes the whole area has been in¬ 
cluded in Ajmer by the following notification: — 

No. 103-Jdated the 5th June , 1872. —His Excellency the Viceroy 
and Governor General in Council is pleased’ to declare the Cantonment 
of Deoli to be part of the Ajmer District. 

******* 

[Gazette of India , 1872, Pt. I, p. 581.] 

And the laws of Ajmer in force in the British portion have been 
applied to the rest of the area by the following notification: — 

No. 99-Jdated the 18th June, 1875 .—The Governor General of India 
in Council is pleased to declare that all Laws and Regulations that are 
now, or may hereafter be,, in force in Ajmer and Merwara shall apply 
to, and have force within, those parts of the Cantonment of Deoli which 
are situated within the States of Udaipur and Jaipur. 

[Gazette of India , 1875, Pt. I, p. 324.] 


Under Notification No. 1410-C., 2 dated the 13th March, 1923, of the 
Hon’ble the Chief Commissioner, Ajmer-Merwara, the area hitherto* 
known as the Deoli Cantonment has ceased to be a cantonment with 
effect from the 1st May, 1923* and under his Notification No. 761/96-D., 3 
dated the 25th May, 1923, the Ajmer Municipalities Regulation (V of 
1866) has been applied to the area, with effect from the same date. 
The Commandant of the Mina Corps, Deoli, is, by virtue of his office, 
the Chairman 4 of the Deoli Municipality. The incumbent of the post of 
Commandant is commonly invested by name with the powers of a Magis¬ 
trate of the 1st class to be exercised within the limits of the Deoli Muni¬ 
cipality and disposes of the criminal work of the area. The civil work 
is disposed of by the Deputy Magistrate, Kekri. 

The remaining courts are those of the Ajmer District. 


Of. Notification No. 1007, dated the 26th May, 1871- Piinted supra, p. 69. 


) APVV VI* VWV WUkJWb v^ommijsaioner, Ajmer-Merwara, No. 764r96-D.* 

dated the Sfith May, 1928. Gazette of India, 1&28, Pt, H, p. 949. 



360 


Deoli Municipality. — (i Orders under Local Laws.) 


Orders under Local Laws. 


Ajmer Municipalities Regulation, 1886. 

Schedule of Taxes. 

No. 1828 — 96~D. Adated the 6th November, 1923 .—The following 
schedule of taxes imposed within the limits of the Deoli Municipality 
with effect from the 1st May, 3923, under sections 41 and 42 of the Ajmer 
Municipalities Eegulation V of 1886 has received the sanction of the 
Hon’ble the Chief Commissioner, Ajmer-Meiwara, and is published for 
general information under section 44 (8) and (9) of the said Begula- 
tion: — 


Section 41 (1) A (a) 


Section 41 (L) ( b) . 


(1) Ground rent annas 8 per 100 square 
feet per mensem. 

(2) Bazar Market fees annas 8 per 100 
square feet per mensem (Ground rent 
from petty shopkeepers). 

(3) Market fee 3 pies daily (auctioned). 

1 1> Property tax Its 4 per cent, of the 
annual value 

(5) Cultivation fees (auctioned). 

(6) Tax on traders and professions at the 
following rates per annum — 

(1) Wholesale merchants, i.e., Us. 
importers and exporters of 
ghi, grain, sugar, cotton, 
etc. . . . .50 


l [l^. Wholesale merchants, 2nd 
class .... 

(2) Retail merchants of 

grain, sugar and other 
stuffs . 

(3) Beetlenut sellers 

(4) Tobacco sellers . 

(5) Sweetmeat sellers 

(6) Money changers . 

(7) Vegetable sellers . 

(8) Master tailors 

'[8A. Master tailors, 2nd class . 

(9) Tailors with machines 

(10) Tailors without machine . 

(11) Telis . 

Butchers . 

Hide merchants . 

Master Goldsmiths 

^liA. Master Goldsmiths, 2nd 


20 ] 


10 

2 


10 

50 

1 

10 

5 


Journeymen goldsmiths 
Pedlars .... 
Pansari sellers (drugs), etc. 
Master carpenters 
. Master Carpenters, 2nd 
class .... 

Journeymen carpenters 
Mochis . . , . 

Master blacksmiths . 
Journeymen blacksmiths , 
Dyers . 

Dhobis 

Grocers .... 
Hardware merchants » 


15 

10 ' 


2 

10 

5 


1 

5 

2 

2 

1 

50 

20 


1 Inserted by Notification No. 2373-C.-96-D. A., dated the 21st December, 1924. 
Ornette of India, 1926, Pt. H-A, p. 2. 


Deoli Municipality. —(Orders under Local Laws .) 


361 


Section 41 (1) A ( c ) 


Section 41 (1) A (d) 
Section 41 (I) A (e) 
Section 42 


(27) First class cloth merchants, 
i.e., sellers of silk, serge 
ana suiting doth 

(28) Second class cloth mer¬ 
chants, t.e., sellers of mull- 
mull, nainsook, latha, etc. 

(29) Third class cloth merchants, 

sellers of Bazza and 
inferior latha, etc. 

(30) Lakheras .... 

(31) Booksellers .... 

(32) Master masons . 

*[32A. Master Masons, 2nd class 

(33) Journeymen masons . . 

*[33A. Journeymen Masons, 2nd 

(7) Cattle tying fee 6 pies per mensem 
per animal. 

(8) "Dog tax enforced only when possi¬ 
bility of rabies, Es. 2 per dog per 


30 


20 


10 

1 

1 

5 

s l 

i] 


annum. 

(9) Parao fee (auctioned). 

(10) Slaughter-house fee (auctioned). 

(11) Scavenging tax annas 6 per latrine 
per [mensem]. 5 


\Qazette of India , 1923, Pt. II-A, p. 88.] 


Rules for the assessment and collection of taxes. 

No . 1793—96-D. A., dated the 10th November, 1924 .—In exercise 
of the powers conferred by section 145 ( 1 ) (e) of the Ajmer Municipalities 
Regulation, 1886 (Y of 1886), the Hon’ble the Chief Commissioner is 
pleased to make the following rules for the assessment and collection of 
taxes in tie Municipality of Deoli. 

I .—Property Tax. 

(1) A new assessment list stall be prepared on the 1st February 
every third year. 

(2) The list will be revised every year on the 1st February and any 
addition or alteration that may be considered necessary will be made in 
the list which shall be adopted for the collection and assessment of the 
tax for the year following 

(3) The Bazar Ghoudhry will verify the assessment list at the end of 
the year for which the list shall be adopted and prepare a list of additions 
and alterations required in the next year's assessment list and submit it 
to the Municipal Committee for consideration. 

The list will be scrutinized by the Committee and, if sanctioned by 
them, will be included in the assessment list. 

* Inserted by Notification No. dated the 21st December, 1924, 

Cfadeftte of India,, 1925, 3Pb. H-A, p. 2. 

* Substituted by Notification No. 125-0^96-D. A.: dated the 23rd September, 
1926. Gaum of India, 1926, Ft. If A, p. 356. 



362 


Deoli Municipality. —(Orders under Loccd Laws.) 


(4) The amended list when passed by the Committee shall be pub¬ 
lished in the usual manner for general information on the 1st March every 
year. 

(5) All objections to the valuation and assessment must reach the 
Municipal Office by the 31st March. 

(6) The revised assessment list shall be deposited in the Municipal 
Office, where it shall be open to inspection by all owners and occupiers 
of the property included in the list during office hours. A public notice 
that it is so open shall forthwith be published. 

A copy of the list shall also be kept in the Sadar Kotwali and persons 
desirous of consulting it can do so with the permission of the Bazar 
Choudhry. 

(7) For the purpose of preparing the list the Bazar Choudhry shall 
enquire from owners the annual rent of their buildings and if not satisfied 
with the figures supplied, he shall ascertain the correct amount himself, 
through local enquiries. 

(8) The tax shall be payable in two half-yearly instalments on the 1st 
April and 1st October every year. 

Any one wishing to pay the tax for the whole year at once can do so. 

II .—Ground Rent. 

(1) Any person requiring to occupy temporarily any portion of the 
Municipal land for the purpose of depositing any building material, or 
making any excavation, erection or for any other purpose, shall apply to 
the Municipal Committee for sanction, specifying therein the ground 
required. 

(2) The Bazar Choudhry shall make a note of all such applications 
and when sanctioned by the Committee, shall enter the demand in the 
register and recover the tax for the land so ocoupied. 

III .—Bazar Market Fees. 

(1) A list of petty shop-keepers (residents of Deoli) who have been 
allowed to occupy stalls on Municipal land will be maintained by the 
Bazar Choudhry. 

(2) Any person wishing to occupy Municipal lapd for such purposes 
shall obtain first the permission of the Committee. 

(3) The site allowed and sanctioned by the Committee shall on 1 no 
account be altered, exchanged or transferred without the permission of 
the Municipal Committee. 




Deoli Municipality. —(Orders under Local Laws.) 


363 


(4) Any one intending to vacate the site allotted to him, shall give 
notice in writing to the Committee of his intention to do so specifying 
the date of vacation. 

Unless this is done the tax shall continue to be recovered. 

(5) The tax shall be recovered monthly in advance. 


IY.— Market Fees. 

Pies three daily shall be charged from vegetable and fruit sellers who 
are non-residents of Deoli for their “ Pitch ” on, Municipal land in the 
market. 


Y. —Parao Fees. 

Parao fees at the following rates shall be charged for all animals and 
vehicles halting on Municipal land: — 


As. p. 


Elephant per day.4 0 

4-wheeled conveyance and harness animal ... .10 
2-wheeled conveyance and harness animal ... .06 

Horses, pony and camel, each.0 6 

Buffaloes, bullocks and donkeys, etc.0 3 


YI.— Slaughter House Fees. 

The following fee shall be charged for the right to slaughter animal 
in the slaughter house: — 

One anna per sheep or goat slaughtered. “No animal shall be 
slaughtered at any place other than the slaughter house 
provided by‘the Committee, for the purpose. 

YII.— Cultivation Fees. 

The ground shall be leased every year on the 1st June by auction. 


YIII.— Cattle~tying Fees. 

(1) All persons tying up their cattle inside or in the vicinity of their 
houses, shall be liable to pay a tax of pies six per animal per mensem. 

(2) A list of owners of such cattle witti the number of animals shall 
he kept by the Bazar Ohoudhry and revised periodically onee in a quarter. 

The tax shall be recovered in advance half-yearly. 







364 


Deoli Municipality.— {Orders under Local Laws.) 


IX.— Dog Tax . 

The tax shall be enforced only when there is a possibility of rabies. 
The following rules shall be observed for the assessment and collection 
of the tax when it becomes leviable: — 

(1) A list of all persons owning dogs within the Municipal area and 
on whom the tax is to be imposed shall be prepared containing: — 

(а) The names of persons liable to pay the tax. 

(б) The residence of such persons. 

(c) The number of dogs in possession of such persons. 

(d) The amount of tax assessable. 

(2) The tax shall be recovered from all such persons in advance. 

No person shall be liable to pay this tax more than once in the same 
year. 

X. —Scavenging Tax . 

A list of private latrines in use shall be prepared by the Bazar Chou- 
dhry which shall be revised from time to time to admit of any addition 
or alteration that may be necessary. 

The tax shall be recovered quarterly in advance. 

XI.— Tax on Traders and Professions. 

(1) A list of persons carrying on trades and professions within the 
municipal area as published in Notification No. 1828—96-D. A., dated 
6th November, 1923, shall be maintained and revised whenever the Com¬ 
mittee consider it necessary. 

(2) The tax shall be payable half-yearly in advance and shall be 
recovered on the 1st day of April and October respectively. 

(3) Persons carrying on more than one of the trades or callings enu¬ 
merated in the Notification referred to in sub-rule (I) above, shall pay 
the highest tax leviable on any of such trades or callings provided that 
such trades or callings are exercised at one place of business. If a person 
carries on two trades or callings at different shops he shall be deemed 
taxable for both callings. 


XII .—General 

(1) The following taxes referred to in Buies IT, V, VI and VII 
above:— 

Market fees 3 pies daily, 

Parao fees. 

Slaughter house fees, and 
.Cultivation fees. 




Deoli Municipality. —{Orders under Local Laws.) 


365 


shall be auctioned separately every year on the 1st March at the Muni¬ 
cipal office except the Cultivation fees which will be auctioned on the 
1st June, and the contracts shall be given to the highest bidders by the 
Chairman. The contractors shall sign bond of agreement as prescribed 
by the Committee for each tax and shall abide by them in all respects. 

(2) The Municipal Committee may exempt in part or wholly from 
the payment of any tax or taxes such person as may in its opinion 
deserve such consideration owing to poverty. 

(3) For all sums paid under these rules a receipt stating the amount 
and the tax on account of which it is paid shall be given by the Bazar 
Choudhry or person receiving the same to the person making the pay¬ 
ment. 

(4) A breach of any provision of the above rules shall be punished 
with fine which may extend to fifty rupees. 

[Gazette of India , 1924, Pt. II-A, p. 382.]